- 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