Case details

Suit: Assignment of helper not reasonable accommodation

SUMMARY

$24360

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
strain right thigh muscle, subcutaneous hematoma
FACTS
On Nov. 18, 2013, plaintiff Paul Kukreja, a veterinary technician, was terminated by his employer, Dedication and Everlasting Love to Animals (D.E.L.T.A. Rescue), a private non-profit animal sanctuary with 1,500 dogs and cats in Acton. Kukreja began working for D.E.L.T.A. Rescue in October 2012. His position involved traveling the 115-acre complex by vehicle and foot, and providing certain animals their medications each day between 4:30 p.m. and 12:30 a.m. However, on Nov. 7, 2013, Kukreja had a slip-and-fall accident, during which he suffered a subcutaneous hematoma and strain of his right thigh muscle. He attempted to work for three more nights, but then ultimately claimed that he could no longer do the work alone. He also presented to a physician who provided a note stating that Kukreja needed accommodation at work. As a result, Kukreja was assigned a helper veterinary technician on Nov. 13, 2013 and Nov. 14, 2013. However, Kukreja was terminated four days later. Kukreja sued Dedication and Everlasting Love to Animals and its president, Leo Grillo. Kukreja alleged that the defendants’ actions constituted disability discrimination and wrongful termination either due to his disability or for asking for accommodation. He also alleged that the defendants failed to have an effective interactive dialogue and that he was not provided with a reasonable accommodation. Grillo was ultimately dismissed from the case early on. Kukreja claimed that the helper veterinary technician assigned to him was not sufficient. He alleged that he was assigned a less experienced helper veterinary technician, when others were available, and that his employer did not follow proper human-resource procedures, in that there was no evidence of prior write-ups or deficiencies relating to his work before his injury. Defense counsel contended that no employee wanted to work nights, so the helper veterinary technician had no incentive to see Kukreja terminated, as then the helper veterinary technician would have to take over the night shift. Counsel also contended that D.E.L.T.A. Rescue had strongly suspected that Kukreja had been deficient in medicating animals in the past, but that it had no concrete proof until the helper veterinary technician’s first-hand observations and report to management. Defense counsel maintained that the helper veterinary technician discovered that Kukreja had been skipping sections, giving the wrong medications, and didn’t know which animals required medications. In addition, the helper veterinary technician testified that Kukreja said, “F–k it, I’m done” multiple times. As a result, the helper veterinary technician reported the deficiencies to management. Judge Michael Stern granted defense counsel’s motion for non-suit as to the plaintiff’s claim of failing to engage in an effective interactive dialogue., Kukreja claimed that he lost income and suffered emotional distress as a result of his termination. Thus, he sought recovery of $27,000 in lost wages/economic damages and left it open for the jury to decide an award for his emotional distress.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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