Veronica Garcia v. Los Banos Unified School District
Published: Jun. 9, 2007 | Result Date: Mar. 26, 2007 | Filing Date: Jan. 1, 1900 |Case number: 1:04-cv-06059-SMS Verdict – Defense
Court
USDC Eastern
Attorneys
Plaintiff
Defendant
Robert J. Rosati
(ERISA Law Center)
Experts
Plaintiff
Stephen J. Morewitz
(technical)
M. Anne Juri
(technical)
Defendant
Daniel J. Trozak
(medical)
Laurie S. Hedden
(medical)
Facts
Veronica Garcia worked as an account technician for the Los Banos Unified School District, where she performed complex accounting for the Director of Facilities, Operations, and Transportation, Ray Heid. Garcia alleged Heid yelled and cursed at her on various occasions. She also claimed he masturbated or simulated masturbating in front of her. As a result of complaining about these instances, Garcia claimed she received a poor performance evaluation. She sued the school district, the Governing Board, and Heid for gender-based discrimination, hostile work environment, sexual harassment, and retaliatory acts.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff argued she was yelled at, cursed at and witnessed obscene behavior. She claimed to receive a negative performance evaluation for making complaints about the incidents.
DEFENDANTS' CONTENTIONS:
The defendants claimed to follow proper procedure in handling Garcia's claims. The defendants further claimed that although Heid may have yelled at Garcia on one occasion, this was reported to a supervisor. Heid also denied masturbating in front of Garcia and claimed he gave Garcia a poor performance evaluation because her work was poor.
Damages
Garcia sought past and future emotional distress damages and medical expenses. Defense counsel further asserted that in no way, can vitiligo be exacerbated by stress.
Injuries
Garcia claimed to suffer from emotional distress, an aggravation of her vitiligo, and post-traumatic stress disorder. She claimed she needed to see a therapist to treat her emotional distress and that the incidents impacted her family and social life.
Result
The jury found in favor of the defendants.
Other Information
The case against Ray Heid was dismissed in pretrial motions; the school district was the only defendant at trial.
Deliberation
two hours
Poll
8-0
Length
11 days
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