Nancy J. Vincent - Page 4

                                        - 4 -                                         
          causes of action (including the one for intentional infliction of           
          emotional distress), and the court dismissed others pursuant to a           
          motion by Whittier for summary adjudication.  One cause of action           
          remained for trial; namely, petitioner’s claim against Whittier             
          under California’s Fair Employment and Housing Act (FEHA), Cal.             
          Govt. Code sec. 12900 et seq.  She alleged that, prior to and at            
          the time of her termination, she had a disability (i.e., ulcers)            
          within the meaning of FEHA, that Whittier knew of this condition,           
          and that Whittier wrongfully terminated her.  As a direct and               
          proximate result of Whittier’s actions, petitioner alleged, she             
          suffered lost wages and emotional distress.  She did not allege             
          in the FEHA cause of action that Whittier caused or exacerbated             
          her ulcer condition, and she voluntarily dismissed with prejudice           
          any such claims in her other causes of action.                              
               At trial of her lawsuit against Whittier, petitioner                   
          presented facts to support the allegations in her complaint.  She           
          presented the testimony of economist Peter Formuzis, Ph.D., who             
          testified that as a result of Whittier’s actions, petitioner had            
          lost $161,817 in wages and benefits as of the time of trial, and            
          that she would lose a net present value of up to $235,912 in                
          future wages as a result of the discrimination, for a total                 
          economic loss of up to $397,729.  At the conclusion of the trial,           
          the jury was given a special verdict form with the following nine           
          questions.                                                                  






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: May 25, 2011