California Court of Appeal

Wysinger v. Auto Club of S. Cal., B191028

In a discrimination action against employer, verdicts holding employer liable for its failure to engage in an "interactive process" to determine reasonable accommodations for the employee's disability, but not liable for a claim it failed to provide a reasonable accommodation for the employee's disability are affirmed where: 1) substantial evidence supported a finding that defendant unlawfully retaliated against plaintiff for filing an age discrimination claim; 2) there was no reversible error as to instruction on retaliatory employer conduct; 3) the jury verdicts were consistent; 4) substantial evidence supported findings that defendant's conduct damaged plaintiff; 5) a $1 million punitive damages award was not excessive; and 6) an award of attorney's fees was properly apportioned.

Appellate Information

• Decided 11/29/2007
• Published 11/29/2007

Judges

• GILBERT, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Hadsell & Stormer, Dan Stormer, Virginia Keeny, Pasadena, Murray & Whitehead and Nigel A. Whitehead, Nipomo, for Appellant Guy Wysinger., Reed Smith, Margaret M. Grignon, Zareh Jaltorossian, Los Angeles, Sheppard Mullin Richter & Hampton, Jeffrey A. Dinkin, Deborah Lynn Martin, San Francisco, and John K. Beckley, Costa Mesa, for Appellant Automobile Club of Southern California.