Case details

Employers misrepresented his role in the company: employee

SUMMARY

$556446

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In 2012, plaintiff David Lacagnina, 57, an independent contractor, was hired to work as the Vice President of Business Development for Richard Morrison’s and Jud Garner’s small startup company, Comprehend Systems Inc., which dealt with analyzing clinical data from drug trials. Lacagnina previously met Morrison and Garner in 2011, and worked as an independent vendor for the small startup company before being asked to join as an employee in 2012. Approximately one year later, in June 2013, Lacagnina was asked to sign an amended offer letter that allegedly changed the terms of his employment and compensation. Then, in November 2013, Lacagnina was terminated by Comprehend Systems. Lacagnina sued Comprehend Systems Inc., Morrison and Garner. Lacagnina alleged that the defendants’ actions constituted fraud, a breach of contract, and a breach of the covenant of good faith and fair dealing. Plaintiff’s counsel contended that when Lacagnina was offered the position of Vice President of Business Development in 2012, Lacagnina was told misrepresentations about his role in the company and the state of the products in an effort to induce him to join the company. However, counsel contended that Lacagnina was later asked to sign an amended offer letter in June 2013, which changed the terms of his employment and compensation. Plaintiff’s counsel further contended that Lacagnina was pushed out of the company in November 2013, at the age of 58, and replaced by a new Vice President of Sales, who, unknown to Lacagnina, had been the preferred candidate prior to Lacagnina’s employment. Defense counsel argued that the defendants did not commit any fraud and that Lacagnina was terminated for poor performance and delaying their sales plan., Lacagnina claimed that he suffered emotional distress as a result of the termination, as he was put in the difficult position of trying to find new employment at the age of 58 so that he could support his family, which included his 8-year-old son. He also claimed he suffered emotional distress from the misrepresentations made to him. Thus, Lacagnina sought recovery of emotional distress damages, economic damages, and punitive damages.
COURT
Superior Court of San Mateo County, San Mateo, CA

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