Facts

Laressia Carr was held up at gunpoint by an armed robber while she worked as a teller at Washington Mutual Bank. After Carr, 48, gave the robber money, he and his accomplice ran out of the bank. As a result of the incident, Carr suffered from post-traumatic stress disorder and was unable to return to her job after she took her last leave of absence. Carr filed a lawsuit against Washington Mutual Inc., alleging discrimination on the basis of a disability, constructive termination, harassment and retaliation. The constructive termination and harassment claims were dismissed.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that after the incident, she lost weight and exhibited symptoms of post-traumatic stress disorder that the defendant failed to recognize. Consequently, the defendant did not take steps to communicate with the plaintiff concerning her condition, or her ability to work. In addition, the defendant did not reasonably accommodate her after she asked them to. The plaintiff, who had worked for the defendant for over a decade, was recognized as a diligent employee, thus she contended that the bank should have accommodated her requests. The defendant reportedly told the plaintiff that if her responsibilities at work were lightened per her request, she would have to accept a decrease in pay. In addition, the plaintiff claimed that the defendant agreed to transfer her, but failed to do so.

DEFENDANT'S CONTENTIONS:
The defendant claimed that it accommodated the plaintiff by allowing her to take four leaves of absence. It also gave her workers' compensation benefits. The defendant claimed that it accommodated all other requests made by the plaintiff that were reasonable. However, with the support of testimony from the plaintiff's co-workers, the defendant took the position that the plaintiff did not exhibit any emotional or physical symptoms. The defendant contended that the plaintiff enjoyed working at her job and also did not offer evidence of a transfer request. The defense challenged the plaintiff's claims for medical costs and lost pay. The defense claimed the workers' compensation benefits it paid the plaintiff covered these costs.

Settlement Discussions

The defense offered $50,000 (C.C.P. 998).

Specials in Evidence

$12,000. $64,138. The plaintiff sought an amount between $139,000 and $185,000. $14,000.

Damages

The plaintiff sought damages for emotional distress.

Injuries

Post-traumatic stress disorder for which the plaintiff sought psychological treatment. She continued to suffer from fear and nightmares as a result of the incident.

Result

A verdict for plaintiff in the amount of $800,000 was entered on July 11, 2006. However, on Sept. 8, 2006, the court granted Washington Mutual judgment notwithstanding the verdict. Judgment was vacated. Defendant to recover its attorney fees and costs in an amount to be determined. The court found no substantial evidence to support an award of damages for front or back pay, or for non-economic damages.

Deliberation

seven hours

Poll

11-1 (interactive process), 11-1 (failure to accommodate), 11-1 (retaliation), 12-0 (damages)

Length

four weeks