Plaintiff was fired from her job one day after requesting medical leave.
- Case Name: Maly Sun v. Transit Air Cargo Inc.
- Court and Case Number: Orange Superior/30-2011-00446922-CU-OE-CJC
- Date of Verdict or Judgment: Thursday, March 08, 2012
- Date Action was Filed: Wednesday, February 02, 2011
- Type of Case: Discrimination, ADA, Employment
- Judge or Arbitrator(s): Hon. Tam Nomoto Schumann
Plaintiffs: Maly Sun, 36, data entry clerk
Defendants: Transit Air Cargo Inc.
- Type of Result: Jury Verdict
- Gross Verdict or Award: $75,290 jury verdict with stipulated judgment of $175,000 prior to punitive damages phase.
- Trial or Arbitration Time: 5 days
- Jury Deliberation Time: 5 hours
Attorney for the Plaintiff: Fernandez & Lauby, LLP by Brian J. Mankin, Riverside
Attorney for the Defendant: Law Office of Nicholas J. Mosich by Nicholas J. Mosich, Santa Ana
Facts and Background
Facts and Background:
Plaintiff was fired from her job one day after requesting medical leave.Please show claims, contentions and all disputed matters under contentions rather than facts. Facts stated here should be only those in evidence.
That defendant committed disability discrimination and failed to comply with the California Family Rights Act, which may provide time off for treatment of certain medical conditions.
That defendant already had a plan in place, before her medical leave request, to terminate plaintiff due to a need to reduce size of staff as well as past performance issues.
- Special Damages Claimed - Past Lost Earnings: $40,000
Demands and Offers
- Plaintiff Final Demand before Trial: $140,000 at MSC.
- Defendant §998 Offer: $5,000