Case details
Firefighter’s termination based on incident at party: defense
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
anxiety, depression, emotional distress, mental, psychological
FACTS
On Dec. 16, 2010, plaintiff Joe Madrigal, a firefighter/emergency medical technician, was terminated from the Northshore Fire Protection District following an incident between him and a captain at the fire protection district, David Emmel, during the district’s Christmas party the night before. Madrigal sued Northshore Fire Protection District, Emmel and the deputy chief of the district, Pat Brown. Madrigal alleged that Emmel’s actions constituted assault and battery, and that Brown and the district defamed him. He also alleged that the district failed to pay him for all wages he earned, retaliated against him for complaining about “unsafe working conditions,” and breached his employment contract by failing to fulfill its obligations under the contract. Madrigal initially claimed the Northshore Fire Protection District failed to pay him for all wages he earned while working at the district, including failing to pay minimum wage, in breach of his employment contract. However, the failure-to-pay-wage claim did not go to trial because it was paid in full, plus interest thereon, right before trial. The Northshore Fire Protection District stipulated that the amount of wages paid pre-trial, plus interest thereon, was owed to Madrigal for work he had performed during his employment with the district. At trial, Madrigal claimed that at the district’s Christmas party, Emmel shoved him and then drew an arm back as if to punch him. He alleged that when he complained to the district about Emmel’s actions at the party, he was wrongfully terminated the next day. In addition, Madrigal claimed that between October 2010 and January 2011, Brown defamed him to several firefighters at the Northshore Fire Protection District and to the chief of a nearby fire district, where he also worked at the time, but was terminated from shortly thereafter. Defense counsel contended that Madrigal was never assaulted or battered by Emmel. Instead, counsel contended that Madrigal was drunk at the Christmas party, tackled a coworker onto a table, refused to obey Emmel’s orders to leave the party, and threatened Emmel and other coworkers as he was escorted out of the party. Thus, counsel contended that the district, unaware of any complaints of “unsafe working conditions,” terminated Madrigal the next morning for his conduct at the Christmas party. Defense counsel further contended that Brown made only one of the seven alleged defamatory statements, and that that statement was privileged publication pursuant to California Civil Code § 47(c). In addition, defense counsel contended that the Northshore Fire Protection District did not breach Madrigal’s employment contract because it had paid all wages owed to him prior to trial., Madrigal sought treatment immediately after the Christmas party, but he claimed he noticed pain the next morning. As a result, he claimed he suffered back and shoulder pain form the alleged battery, and treated with chiropractic treatment. Madrigal claimed that he suffers from emotional distress as a result of the alleged assault, battery, defamation and retaliation, resulting in depression, anxiety and alcohol abuse. He claimed that as a result, he incurred related medical expenses. Thus, Madrigal sought recovery of damages for his medical expenses related to his back pain, as well as damages for his alleged emotional distress and related medical expenses. He also sought recovery of damages for his lost wages and for the damage to his reputation due to the alleged defamation. In addition, he sought recovery of punitive damages. In total, Madrigal sought recovery of $217,000 in general and special damages, punitive damages against Brown, reinstatement, and attorney fees and costs. Defense counsel argued that during his testimony at trial, Madrigal grossly exaggerated his , in conflict with his written discovery responses and deposition testimony.
COURT
Superior Court of Lake County, Clearlake, CA
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- speech
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