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CONFIDENTIAL

Jul. 23, 1994

Employment Law
Wrongful Termination
Defamation

Confidential

Settlement –  $355,000

Judge

Norman W. Gordon

Court

L.A. Superior Long Beach


Attorneys

Plaintiff

Judith E. Deming


Defendant

Robert L. Fairman

Scott M. Kolod


Experts

Plaintiff

Stephen T. Riley
(technical)

Defendant

Richard M. Holstrom
(technical)

Ted Taylor
(technical)

Facts

In May 1991, Plaintiff, a 50-year-old construction fine-grade foreman employed in the industry for over 30 years, was terminated by Defendant employer for "improper conduct." Defendant employer would not tell Plaintiff what was meant by "improper conduct." Plaintiff had been employed with Defendant employer for slightly more than a year.

Settlement Discussions

Plaintiff contends they made a 998 demand in the amount of $270,000 from Defendant trucking company and Defendant principal of that trucking company and that said Defendants made no offers; 3 days prior to trial, Defendants' insurer offered and paid the sum of $270,000. Plaintiff further contends they made no demands from Defendant employer and Defendant employer made no offers; prior to jury impanelment, Defendant employer offered $85,000.

Specials in Evidence

$236,000 (per Plaintiff) $830,859 (per Defendant)

Damages

Plaintiff claimed approximately $190,000 in consequential damages in addition to loss of earnings, loss of future earnings, and loss of benefits for defamation of character and wrongful termination.


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