By Anthony J. Oncidi
Anthony J. Oncidi is a partner and the Chair of the Labor and Employment Department of Proskauer Rose LLP in Los Angeles, where he exclusively represents employers and management in all areas of employment and labor law. His telephone number is (310) 284-5690 and his email address is aoncidi@proskauer.com. (Tony has authored this column without interruption for every issue of this publication since 1990.)
James Pearl worked for the Department of Public Works of the City of Los Angeles. He experienced chest pains and fainted at work, allegedly in response to a repeated pattern of harassment based upon his perceived sexual orientation. Pearl was placed on medical leave and never returned to work. For "reasons not apparent from the record," the city failed to request that the jury be read CACI No. 3924 (a jury instruction admonishing the jury not to include in its award any damages intended to punish or make an example of the city); the city also failed to object to statements made by plaintiff's counsel during closing argument in which counsel suggested that the jury should punish the city for its alleged actions against Pearl. At the conclusion of the trial, the jury awarded Pearl $450,053 in past economic loss; $1.9 million in future economic loss; $10 million in past noneconomic loss (i.e., emotional distress damages); and $5 million in future noneconomic loss. After the trial, the city moved for a judgment notwithstanding the verdict and a new trial. The trial judge conditionally granted the city's new trial motion unless Pearl accepted a reduction by $5 million of the $10 million past economic loss component of the verdict; Pearl accepted the condition. On appeal, the city argued that a new trial should have been ordered nevertheless, but the court of appeal affirmed the judgment, holding that the city had not carried "its heavy burden to demonstrate that the [trial] court's carefully reasoned ruling was an abuse of discretion."
Christopher Ross worked as a deputy district attorney for the County of Riverside before he was constructively discharged (according to Ross) or had abandoned his job (according to the county). Ross sued the county for violation of Cal. Lab...
