Case details

Truck salespeople were fired for poor performance: defense

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In June 2009, plaintiffs Jose Lomeli, 52, a Mexican-American Catholic, and Richard McAllister, 56, an Irish Catholic who converted to Presbyterianism, were working as truck salespeople. Lomeli and McAllister claimed that at around that time, their supervisors, Jody Johnson and then Brent Stout, began to harass and discriminate against them because of their race, national origin, religion and age. In December 2011, Lomeli and McAllister were discharged from their positions allegedly due to poor performance. They claimed that they were terminated because of their race, national origin, religion and age, and in retaliation for complaining about the harassment and discrimination. Lomeli and McAllister sued Johnson; Stout; and their employers, Arrow Truck Sales Inc. and Volvo Group North America Inc. Lomeli and McAllister alleged that Johnson’s actions constituted discrimination and harassment and that Stout’s actions constituted harassment. They also claimed that their employers were negligent for failing to prevent the discrimination and harassment. Lomeli and McAllister claimed that during the two years of harassment, Johnson repeatedly made comments such as, “There is no God,” “Jesus isn’t coming,” and “Don’t pray to Jesus.” They also claimed that they suffered through two years of derogatory comments about their race, national origin and age, including threats to fire the “dinosaurs” and “deadwood.” Lomeli further claimed that he heard statements such as, “No one likes a Mexican,” “I’d shoot all illegals in the head, if they were standing on the Border,” and “I’ll pay you in tacos.” McAllister claimed his Irish heritage was denigrated and made fun of with comments such as being called a “Drunken Irishman.” In addition, Lomeli and McAllister claimed that Stout made comments about their age and threatened to fire the “old guys.” Johnson denied the alleged harassment ever happened. Defense counsel argued that any comments that were made were not severe or pervasive and that Lomeli and McAllister were terminated due to poor performance. Counsel also contended that Volvo was not the employer of either Lomeli or McAllister., Lomeli and McAllister each claimed lost wages and benefits. They also claimed that they suffered severe emotional , but acknowledged that they did not seek any treatment for their condition. According to defense counsel, plaintiff’s counsel asked the jury to award Lomeli and McAllister $12,843,786 and “Not a penny less.”
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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