Dump truck driver claims he was harassed due to a learning disability. Defense verdict. Los Angeles County.

Summary

Emotional distress and mental anguish claimed by plaintiff.

The Case

  • Case Name: Danny Archuleta v. National Tractor Service Inc.
  • Court and Case Number: Los Angeles Superior Court / 22STCV20940
  • Date of Verdict or Judgment: Wednesday, November 27, 2024
  • Date Action was Filed: Wednesday, June 08, 2022
  • Type of Case: Discrimination, ADA, Emotional Distress, Employment, Harassment
  • Judge or Arbitrator(s): Hon. Bradley Phillips
  • Plaintiffs:
    Danny Archuleta
  • Defendants:
    National Tractor Service Inc.
    Samuel Alarcon
  • Type of Result: Jury Verdict

The Result

  • Gross Verdict or Award: Defense verdict
  • Trial or Arbitration Time: 8 days
  • Jury Deliberation Time: 3 hours

The Attorneys

  • Attorney for the Plaintiff:

    Brad Gage Law, APC by Wayne Smith and Sarah Gage, Woodland Hills.

  • Attorney for the Defendant:

    Orland Law Group APC by Jim Orland, El Segundo.

Facts and Background

  • Facts and Background:

    Plaintiff was a dump truck driver at National Tractor Service Inc., who claims he was fired after a year of employment due to harassment and discrimination as a result of a learning disability. He also claims he was not paid for certain hours of overtime that he worked. Defendants National Tractor Service Inc. and Samuel Alarcon, disputed all claims and alleged he quit due to finding another job. 

  • Plaintiff's Contentions:

    That plaintiff was harassed and discriminated against due to his mental or learning disability and that he was retaliated against and was fired after he complained about harassment and discrimination. Also, that National Tractor Service Inc. failed to prevent the harassment or discrimination. Finally, that he was not paid for overtime hours that he worked. 

  • Defendant's Contentions:

    National Tractor Service and Samuel Alarcon claim that plaintiff quit and was not fired. Also, that he was not harassed, discriminated against, or retaliated against. Defendants claim that plaintiff was paid for all of his overtime and that he did not suffer any damages due to any harassment, discrimination, or retaliation.

Injuries and Other Damages

  • Emotional distress and mental anguish

Special Damages

  • Special Damages Claimed - Past Medical: None
  • Special Damages Claimed - Future Medical: None
  • Special Damages Claimed - Past Lost Earnings: $6,000
  • Special Damages Claimed - Future Lost Earnings: None

Additional Notes

Plaintiff asked the jury for $1.5 million for past and future non-economic damages plus punitive damages. The jury returned a complete defense verdict after approximately three hours of deliberation.