Case details
Hospital did not accommodate her after on-the-job injury: plaintiff
SUMMARY
$1028268
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On Dec. 4, 2014, plaintiff Virginia Hoover, 57, a radiologic technologist IV, was terminated from her position at St. John’s Pleasant Valley Hospital, in Camarillo. Prior to her termination, Hoover suffered an on-the-job shoulder injury. She was cleared to return to work in August 2014 with two minor restrictions on the use of her non-dominant, left arm, including not lifting more than 15 pounds or reaching overhead. Hoover claimed the hospital failed to accommodate her, failed to find her an alternative position, and, instead, fired her because of her disability. Hoover sued the operator of St. John’s Pleasant Valley Hospital, Dignity Health, and St. John’s Healthcare Foundation (Oxnard and Pleasant Valley). Hoover alleged that the defendants’ actions constituted a failure to engage in an interactive process, a failure to provide reasonable accommodations, disability discrimination, a failure to prevent discrimination, wrongful termination in violation of public policy, and a breach of implied in fact contract. St. John’s Healthcare Foundation was dismissed from the lawsuit shortly after it was filed, and Hoover dismissed her breach of implied contract claim shortly before trial. Hoover claimed that she could still perform the essential functions of her job and that her disability could readily be accommodated, especially since Dignity Health had already accommodated a similarly disabled individual with a lifting restriction in her very same department. Plaintiff’s counsel moved to strike the defense’s supplemental expert designation, and the motion was granted. As a result, Dignity Health had to proceed to trial with no experts. Defense counsel contended that Hoover’s disability could not be accommodated and that Dignity Health had no other position available for Hoover, so she was terminated., Hoover worked for St. John’s Pleasant Valley Hospital for 24 years, and she claimed she intended to work there until she retired, which was eight years after she was terminated. She alleged that she suffers from emotional distress as a result of her termination. Hoover sought recovery of past and future lost income, and damages for her past and future emotional pain and suffering.
COURT
Superior Court of Ventura County, Ventura, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
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- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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