On Aug. 16, 2016, plaintiff Phillip Piatt, 63, a black man and a surgical scrub technician, was terminated from his position at Eisenhower Medical Center, in Rancho Mirage. Piatt began working at Eisenhower Medical Center, through Cross Country TravCorps, a registry placement agency, on May 31, 2016. During the next two and a half months, he was assigned to 11 surgical cases with Dr. John DeSantis, an orthopedic surgeon. Piatt claimed that, during his employment at the medical center, he was subjected to racial harassment. Piatt sued Eisenhower Medical Center, Cross Country TravCorps, DeSantis and DeSantis’ business partner, Dr. Rufus Gore, who was also black. Piatt alleged that the defendants’ actions constituted racial harassment in violation of the California Fair Employment and Housing Act. Piatt also alleged that DeSantis’ actions constituted an intentional infliction of emotional distress. Eisenhower Medical Center settled before trial, and Gore and Cross Country TravCorps were dismissed. The matter proceeded to trial against DeSantis. Piatt claimed that DeSantis made disparaging comments about blacks while in his presence. He also claimed that DeSantis directed racially harassing comments to him personally, including referring to him as “our token.” DeSantis denied Piatt’s allegations. He produced witnesses who claimed to have been present during the alleged incidents of harassment and who claimed that no harassment occurred. Defense counsel contended that Piatt was terminated for incompetence in handling on-call and general surgery cases and that Piatt only alleged discrimination after he was notified that he would be terminated. Counsel also noted that Piatt could not produce a witness to corroborate his allegations.” However, Platt claimed that his discrimination complaints also preceded notice of his termination., Piatt claimed that he was subjected to discrimination and that he experienced severe resultant emotional distress that prevented his ability to work. Piatt sought recovery of $300,000 in damages for his humiliation, mental suffering, and emotional pain and suffering. He also sought recovery of punitive damages. However, at the conclusion of Piatt’s case, the court granted defense counsel’s motion for non-suit as to the punitive damages claim based on plaintiff’s counsel’s failure to present adequate evidence of DeSantis’ financial condition.