Case details

Driver claimed he was fired for taking leave for his depression

SUMMARY

$1289849

Amount

Verdict-Mixed

Result type

Not present

Ruling
KEYWORDS
cried, depression, emotional distress, lost appetite, trouble sleeping
FACTS
On Dec. 12, 2011, plaintiff Francisco Tapia, 45, a driver for Access Services and San Gabriel Transit Inc., was terminated from his employment. Tapia sued San Gabriel Transit Inc. and Access Services. Tapia alleged that the defendants’ actions constituted disability discrimination, failure to provide reasonable accommodation, failure to engage in the interactive process, and failure to reinstate him following the completion of his qualified leave. Tapia was employed as a driver by San Gabriel Transit since December 2002 and that he was jointly employed by Access Services, which has a contract with San Gabriel Transit, during those approximately nine years. Tapia alleged that he suffered from depression, but that his mental disability did not interfere with his work performance. However, he claimed that was terminated due to his mental disability following the completion of his qualified leave. Thus, plaintiff’s counsel asserted that San Gabriel Transit/Access Services violated the Fair Employment and Housing Act. Defense counsel denied all of Tapia’s claims and maintained that Tapia was not subjected to any wrongful conduct., Tapia claimed he suffered from severe emotional distress as a result of being terminated by San Gabriel Transit and Access Services. Specifically, he claimed that he suffered further depression following his terminated and that as a result, he had trouble sleeping, lost his appetite, and cried. Thus, Tapia sought recovery of damages for his loss of earnings and emotional distress. Defense counsel asserted that Tapia did not suffer any damages.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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