384 Jury Verdict

Case 1:07-cv-00026-OWW-DLB Document 384 Filed 06/08/2009 Page 1 of 30
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1
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FOILED
4
JUN 82009
E CLERK u
ASTERN OS. Disr
5 8' ISTRICT F",.,f,-_"
DEPUTYeLE
6 UNITED STATES DISTRICT COURT .~------
7 EASTERN DISTRICT OF CALIFORNIA
8
9 DAVID F. JADWIN, D.O., 1:07-cv-0026 OWW DLB

10 Plaintiff, VERDICTS OF TRIAL JURY
11 v.
12 COUNTY OF KERN, et a1.,
13 Defendants.
14
15
16 We the jury in the above-entitled case, find the following

17 answers to the questions submitted to us.
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1
1 Question 1: As to Plaintiff's claim for FMLA/CFRA/FEHA

2 retaliation by Kern County, did Kern County retaliate against
3 Plaintiff for:
4
5 a. Complaining internally about discrimination,

6 harassment or retaliation?
7
8 No _
10 b. Filing a charge with the Department of Fair

11 Employment & Housing?
12
13 Yes~ No _
14
15 c. Filing a lawsuit containing claims based on the
16 Fair Employment & Housing Act?
17 Yes V No _
18
19 d. Filing a lawsuit containing claims based on the
20 California Family Rights Act?
21
22 Yes V No _
23
24 e. Filing a lawsuit containing claims based on the

25 Family Medical Leave Act?
26
27 Yes No _
28
2
1 f. If you answered Question 1.e. yes, was such

2 retaliation willful?
3
4 Yes No _
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 If you answered yes to any subpart of Question 1, answer

26 Question 2. If you answered no as to all subparts of Question 1,
27 answer Question 6.
28
3
1 Question 2: To carry out any retaliation you found in

2 Question 1, did Kern County:
3 a. Remove Dr. Jadwin as Chair of the Pathology
4 Department?
5
6 Yes V NO, _
8 b. Create a hostile work environment for Dr. Jadwin?

9
10 Yes NO _
11
12 c. Wrongfully fail to renew Dr. Jadwin's employment

13 contract?
14
15 Yes V_ NO _
16
17 d. Place Dr. Jadwin on paid administrative leave on
18 December 7, 2006?
19
20 Yes V NO _
21
22
23
24
25 If you answered Question 2 yes as to any action by Kern

26 County, answer Question 3. If you answered no as to all subparts
27 of Question 2, answer Question 6.
28
4
1 Question 3: Was a motivating reason for Kern County's

2 retaliation in any of the following actions caused by Dr.
3 Jadwin's complaint about discrimination, harassment, or
4 retaliation, filing a complaint with the Department of Fair
5 Employment & Housing, or filing this lawsuit:
6
7 a. Remove Dr. Jadwin as Chair of the Pathology

8 Department?
9
10 Yes----l.L- No _
11
12 b. Not renew his employment contract?

13
14 Yes V No _
15 c. Creating a hostile work environment for Dr.

16 Jadwin?
17
18 Yes-JL" No _
19 d. Place Dr. Jadwin on paid administrative leave on
21
22 Yes No _
23
24
25 If your answer to Question 3 is yes as to any subpart,

26 answer Question 4. If your answer to Question 3 is no as to all
27 subparts, answer Question 6.
28
5
1 Question 4: Was Dr. Jadwin harmed by any retaliatory

2 actions by Kern County?
3
4 Yes----.lL' No _
10
11
12
13
14
15
16
17
18
19
20
21
22
23
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25 If you answered Question 4 yes, answer Question 5. If you

26 answered Question 4 no, answer Question 6.
27
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6
1 Question 5: Was Kern County's conduct a substantial factor

2 in causing Dr. Jadwin harm or damage?
3
4 Yes~ No _
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25 Answer Question 6.
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1 Question 6: On Plaintiff's claim that Kern County

2 retaliated against him for taking medical leave under FMLA or
3 CFRA, has Plaintiff proved by a preponderance of the evidence
4 that Kern County took an adverse employment action against Dr.
5 Jadwin by:
6
7 a. Creating a hostile work environment for Dr.

8 Jadwin?
9
10 Yes v NO _
11
12 b. Removing him from his position as Chair of

13 Pathology at KMC?
14
15 Yes V No _
16
17 c. Failing to renew his employment contract?
18
19 Yes No _
20 d. Placing Dr. Jadwin on paid administrative leave on

22 Yes _ NO
23 e. Was any such retaliation under the FMLA willful?

24 Yes V No _
25
26 If your answer to Question 6 is yes as to any subpart,

27 answer Question 7. If your answer to Question 6 is no as to all
28 subparts, answer Question 12.
8
1 Question 7: Was Dr. Jadwin's taking of medical leave a

2 motivating reason for any of the adverse employment actions you
3 have found Kern County took against Dr. Jadwin?
4
5 Yes / NO _
6
7
8
9
10
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12
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15
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25 If your answer to Question 7 is yes, answer Question 8. If
26 your answer to Question 7 is no, answer Question 10.
27
28
9
1 Question 8: Was the retaliatory action of Kern County
2 against Dr. Jadwin for taking medical leave a cause of harm or
3 damage to Dr. Jadwin:
5 a. Creating a hostile work environment?
7 Yes V NO, _
9 b. Removing him from his position as Chair of the
10 Pathology Department?
11
12 Yes V No _
13
15
16 Yes~ No _
17
20
21 Yes _ NOV
22
23
24
25 If you answered Question 8 yes as to any subpart, answer
26 Question 9. If you answered Question 8 no, answer Question 10.
27
28
10
1 Question 9: Was Kern County's retaliatory conduct a

2 substantial factor in causing Dr. Jadwin harm or damage?
4 Yes No _
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15
16
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19
20
21
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24

26 \
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11
1 Question 10: On Dr. Jadwin's claim for disability

2 discrimination under FEHA, did Kern County know Dr. Jadwin had a
3 mental condition (chronic depression) that limited his ability to
4 work full time?
5
6 Yes V No _
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12
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25 If you answered Question 10 yes, answer Questio~If you

26 answered Question 10 no, answer Question 16. ~~
27
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1 Question 11: Was Dr. Jadwin able to perfo~ his essential

2 job duties with reasonable accommodation for his mental
3 condition?
4
5 Yes V No- - -
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

27
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13
1 Question 12: Did Kern County discriminate against Dr.
2 Jadwin based on his mental disability (chronic depression) by:
4 a. Removing Dr. Jadwin as Chair of the Pathology
5 Department?
7 Yes No- - -
9 b. Creating a hostile work environment for Dr.
10 Jadwin?
11
12 Yes~ No- - -
13
15
16 Yes - - - No
17
20
21 Yes - - - No
22
23
24
25 If you answered any subpart of Question 12 yes, answer
26 Question 13. If you answered all subparts no, answer Question
27 16.
28
14
1 Question 13: Was Dr. Jadwin's mental condition (chronic
2 depression) a motivating reason for Dr. Jadwin's:

3
4 a. Removal as Chair of the Pathology Department?

5
6 Yes ·V No _
8 b. Creation of a hostile work environment for Dr.
9 Jadwin?
10
11 Yes No
---
12
13 c. Nonrenewa1 of Dr. Jadwin's employment contract?
14
15 Yes V No _
16
17 d. Placement on paid administrative leave on December
18 7, 2006?
19
20 yesL No _
21
22
23
24
25 If you answered any subpart of Question 13 yes, answer
26 Question 14. If you answered all subparts no, answer Question
27 16.
28
15
1 Question 14: Was Dr. Jadwin harmed by Kern County's
2 discrimination based on his mental disability?
4 Yes V No _
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1 Question 15: Was Kern County's discrimination based on Dr.

2 Jadwin's mental disability a substantial factor in causing Dr.
3 Jadwin harm or damage?
5 Yes----.1L' No _
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1 Question 16: On Dr. Jadwin's claim of disability

2 discrimination for failure to reasonably accommodate under FEHA,
3 has Dr. Jadwin proved by a preponderance of the evidence:
4
5 a. That Kern County knew Dr. Jadwin had a mental
6 condition (chronic depression) that limited his ability to work

7 full time?
8
9 Yes~ No _
10
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12
13
14
15
16
17
18
19
20
21
22
23
24

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1 Question 17: Did Kern County fail to provide Dr. Jadwin
2 reasonable accommodation for his mental condition (chronic
3 depression)?
5 Yes-----LL" NO _
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1 Question 18: Was Dr. Jadwin harmed by Kern County's failure

2 to provide reasonable accommodation for Dr. Jadwin's mental
3 condition (chronic depression)?
4
5 yes-JL No _
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11
12
13
14
15
16
17
18
19
20
21
22
23
24

27
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20
1 Question 19: Was Kern County's failure to provide
2 reasonable accommodation for Dr. Jadwin's mental condition
3 (chronic depression) a substantial factor in causing Dr. Jadwin
4 harm or damage?
6 Yes~ No _
10
11
12
13
14
15
16
17
18
19
20
21
22
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24
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1 Question 20: On Dr. Jadwin's claim for disability

2 discrimination and failure to engage in interactive process, has
3 Dr. Jadwin proved by a preponderance of the evidence that he had
4 a mental disability (chronic depression):

5
6 a. Did Dr. Jadwin have a mental disability that was

7 known to Kern County?
8
9 Yes~ No _
10
11
12
13
14
15
16
17
18
19
20
21
22
23

25 answered Questions 1, 6, 12, 16 and 20 no as to all subparts,
26 sign and return this verdict. If you answered yes to any
27 subparts of Question 1, 6, 12, and 16 and answered Question 20
28 no, answer Question 21.
22
1 Question 21: Did Dr. Jadwin request that Kern County make
2 reasonable accommodation for his disability so that Dr. Jadwin
3 would be able to perform his essential job requirements?
4
5 No _
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11
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23

25 answered Question 21 no and answered yes as to any subpart of
26 Questions 5, 9, 15, and/or 19, answer Question 25. If you
27 answered Questions 1-5, 6-9, 10-15, 16-19 and/or 20 no, sign and
28 return this verdict.
23
1 Question 22: Was Dr. Jadwin willing to participate in

2 interactive process to determine whether reasonable accommodation
3 could be made so that Dr. Jadwin would be able to perform his
4 essential job requirements?
5
6 Yes~ No _
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11
12
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15
16
17
18
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25 answered Question 22 no, and answered yes as to Questions 5, 9,
26 15 and/or 19, answer Question 25. If you answered Questions 1-5,
27 6-9, 10-15, 16-19, and 20-21 no, sign and return this verdict.
28
24
1 Question 23: Did Kern County fail to participate in a
2 timely good-faith interactive process with Dr. Jadwin to

3 determine whether a reasonable accommodation could be made?
4
5 Yes-lL No _
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11
12
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15
16
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25 answered Question 23 no and answered yes as to Questions 5, 9, 15
26 and/or 19, sign and return this verdict.
27
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25
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1 Question 24: Did Kern County's failure to participate in

2 reasonable good faith interactive process with Dr. Jadwin harm
3 Dr. Jadwin?
4
5 Yes-IL No
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7
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26 answered Question 24 no and answered yes as to Questions 5, 9,
27 15, and/or 19, sign and return this verdict.

28
26
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1 Question 25: Was Kern County's failure to engage in a good-

2 faith interactive process with Dr. Jadwin a substantial factor in
3 causing harm or damage?
4
5 Yes----LL' NO _
10
11
12
13
14
15
16
17
1B
19
20
21
22
23

25 answered Questions 5, 9, 15 and/or 19 no, sign and return this
26 verdict. If you answered Question 25 no, and answered Questions
27 5, 9, 15, and/or 19 yes, answer Question 26.
2B
27
. ' •
1 Question 26: Has Defendant Kern County proved by a
2 preponderance of the evidence that Dr. Jadwin's contract was not
3 renewed by reason of Dr. Jadwin's conduct and alleged violation
4 of the employer's rules and contract requirements and/or that Dr.
5 Jadwin's behavior was the cause of nonrenewa1 of his contract?
7 Yes _
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 If your answer to Question 26 is yes, anSWer Question 27,
26 but do not award any damages for failure to renew Dr. Jadwin's
27 contract. If you answered Question 26 no, answer Question 27.
28
28
1 Question 27: If you have found that any discrimination or
2 retaliation by Kern County was the cause of damage to Dr. Jadwin
3 on any of his claims, what damages do you award?
5 Mental and emotional distress

and suffering $
/11
~~~~ _
6
Reasonable value of necessary
7 medical care, treatment and
8
'services received to the
present time $ ?f) . ;qZ.CO
9 Reasonable value of necessary
medical care, treatment and
10 services which with
reasonable probability will ()
11 be required in the future $ ~~~ _
12 Reasonable value of earnings
13
and professional fees lost
to the present time $32./., ~OO
14 Reasonable value of earnings
and professional fees which
15 with reasonable probability
will be lost in the future
$ Ie-'
() ~
tI, {)Q/I ..
O~
0'0
16
17 Do not include in any award of damages, any award for
18 attorneys fees or court costs.
19
20
21
22
23
24
25 Sign and return this verdict.
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29
~ ,
1 It is certified that our verdicts are unanimous.

2
3 DATED: June ~, 2009.
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384 Jury Verdict

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384 Jury Verdict

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Case 1:07-cv-00026-OWW-DLB Document 384 Filed 06/08/2009 Page 1 of 30

9 DAVID F. JADWIN, D.O., 1:07-cv-0026 OWW DLB

16 We the jury in the above-entitled case, find the following

1 Question 1: As to Plaintiff's claim for FMLA/CFRA/FEHA

5 a. Complaining internally about discrimination,

10 b. Filing a charge with the Department of Fair

24 e. Filing a lawsuit containing claims based on the

1 f. If you answered Question 1.e. yes, was such

25 If you answered yes to any subpart of Question 1, answer

1 Question 2: To carry out any retaliation you found in

8 b. Create a hostile work environment for Dr. Jadwin?

12 c. Wrongfully fail to renew Dr. Jadwin's employment

25 If you answered Question 2 yes as to any action by Kern

1 Question 3: Was a motivating reason for Kern County's

7 a. Remove Dr. Jadwin as Chair of the Pathology

12 b. Not renew his employment contract?

15 c. Creating a hostile work environment for Dr.

25 If your answer to Question 3 is yes as to any subpart,

1 Question 4: Was Dr. Jadwin harmed by any retaliatory

25 If you answered Question 4 yes, answer Question 5. If you

1 Question 5: Was Kern County's conduct a substantial factor

1 Question 6: On Plaintiff's claim that Kern County

7 a. Creating a hostile work environment for Dr.

12 b. Removing him from his position as Chair of

20 d. Placing Dr. Jadwin on paid administrative leave on

23 e. Was any such retaliation under the FMLA willful?

26 If your answer to Question 6 is yes as to any subpart,

1 Question 7: Was Dr. Jadwin's taking of medical leave a

1 Question 8: Was the retaliatory action of Kern County

2 against Dr. Jadwin for taking medical leave a cause of harm or

3 damage to Dr. Jadwin:

5 a. Creating a hostile work environment?

9 b. Removing him from his position as Chair of the

14 c. Failing to renew his employment contract?

18 d. Placing Dr. Jadwin on paid administrative leave on

25 If you answered Question 8 yes as to any subpart, answer

26 Question 9. If you answered Question 8 no, answer Question 10.

1 Question 9: Was Kern County's retaliatory conduct a

25 Answer Question 10.

1 Question 10: On Dr. Jadwin's claim for disability

25 If you answered Question 10 yes, answer Questio~If you

1 Question 11: Was Dr. Jadwin able to perfo~ his essential

25 If you answered Question 11 yes, answer Question 12. If you

26 answered Question 11 no, answer Question 16.

1 Question 12: Did Kern County discriminate against Dr.

2 Jadwin based on his mental disability (chronic depression) by:

4 a. Removing Dr. Jadwin as Chair of the Pathology

9 b. Creating a hostile work environment for Dr.

14 c. Failing to renew his employment contract?

18 d. Placing Dr. Jadwin on paid administrative leave on

25 If you answered any subpart of Question 12 yes, answer

26 Question 13. If you answered all subparts no, answer Question

1 Question 13: Was Dr. Jadwin's mental condition (chronic

2 depression) a motivating reason for Dr. Jadwin's:

4 a. Removal as Chair of the Pathology Department?

8 b. Creation of a hostile work environment for Dr.

13 c. Nonrenewa1 of Dr. Jadwin's employment contract?

1 Question 14: Was Dr. Jadwin harmed by Kern County's

2 discrimination based on his mental disability?

25 If you answered Question 14 yes, answer Question 15. If you

26 answered Question 14 no, answer Question 16.

1 Question 15: Was Kern County's discrimination based on Dr.

3 Jadwin harm or damage?

1 Question 16: On Dr. Jadwin's claim of disability