Case details

Journeyman fired for violating safety standards: defense

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On Sept. 14, 2013, plaintiff Gilbert Campos, a journeyman in his late 30s who worked for Thermalair Inc., a heating and air company, was installing a louver through a large opening on a project in Los Angeles. When Campos could not get the louver to fit, he attempted to loosen it by jostling it with his foot. However, while attempting to loosen the louver, it fell out of the opening and dragged Campos with it. Campos fell approximately 8 feet onto a stairwell platform and sustained several . Campos had failed to use a safety harness and did not “tie off” prior to the incident, which could have prevented his fall by restraining him. As a result of the incident, Campos was on workers’ compensation leave for approximately three months before returning to work without any medical restrictions aside from an ambiguous notation that he was being returned on a “trial basis.” However, Campos was terminated from his position immediately upon his return. Campos sued his employer, Thermalair Inc., and his supervisor, Mike Garcia. Campos alleged that the defendants’ actions constituted violations of the Fair Employment and Housing Act, including wrongful termination, failure to accommodate, failure to engage in the interactive process, disability discrimination, and intentional infliction of emotional distress, amongst other claims. The parties stipulated to dismiss Garcia from the case prior to the beginning of trial. Defense counsel also moved for non-suit, and the motion was granted on some of the claims. Thus, the matter went forward on only the claims of disability discrimination, wrongful termination, and intentional infliction of emotional distress. Campos claimed that he was terminated because of his alleged disability from the accident. Defense counsel noted that Campos was a good employee and was to be promoted prior to his termination and that, in fact, Campos was in charge of apprentices at the site on the date of his fall. However, defense counsel contended that Campos failed to tie off, which was a violation and disregard of the company’s safety policy, the Occupational Safety and Health Administration, and safety procedures for the industry, all while he was in a supervisory position. Counsel argued that Thermalair’s decision to terminate Campos was made based on this failure on the subject date, but that Campos was not notified about the company’s decision until he returned. Defense counsel contended that due to Campos’ decision to disregard safety on the subject date, it was questioned whether Campos would make the same violation in the future., Campos worked for Thermalair Inc. for nine years. He claimed that throughout his employment, he received pay raises, positive performance evaluations, and was never disciplined. He also claimed that his work was a huge part of his life and that he looked forward to going to work. Campos alleged that since he is no longer in the industry, he feels like less of a person. Thus, he alleged that as a result of his termination, he suffers from emotional distress. In addition, Campos claimed that he lost his retirement benefits and pension due to his termination. Campos now works for Amtrak and allegedly cleans feces from train carts. Campos sought recovery of $10 million in lost wages and emotional-distress damages. He also sought recovery of punitive damages.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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