Opinion
JUDGMENT FOLLOWING JURY TRIAL
RONALD S.W. LEW, District Judge.
This action came on regularly for trial on April 21, 2015 before the Honorable Ronald S. W. Lew, Senior United States District Court Judge, in Room 21 of the United States District Court for the Central District of California. Plaintiff Jeffrey Gunchick appeared by Michael J. Freiman, Esq. and Lawrence W. Freiman, Esq. of Freiman Law, and Defendant Federal Insurance Company appeared by Vince M. Verde, Esq. and Richard Y. Chen, Esq. of Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
A jury of seven persons was regularly impaneled and sworn. Witnesses were sworn and testified.
After hearing the evidence and argument of counsel, the jury was duly instructed by the Court and the cause was submitted to the jury with directions to return a verdict on special issues. The jury deliberated and thereafter returned into Court with its verdict consisting of the special issues submitted to the jury and the answers given thereto by the jury, which said verdict was in words and figures as follows, to wit:
1. Was Plaintiff employed by Defendant?
x Yes ____ No
If your answer to question 1 is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.
2. Was Plaintiff discharged?
x Yes ____ No
If your answer to question 2 is yes, then answer question 3. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.
3. Was Plaintiff's disability a substantial motivating reason for Defendant's decision to discharge Plaintiff?
_____ Yes x No
If your answer to question 3 is yes, then answer question 4. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.
4. Were the issues concerning Plaintiff's conduct also a substantial motivating reason for Defendant's decision to discharge Plaintiff?
____ Yes ____ No
If your answer to question 4 is Yes, then answer question 5. If you answered No, skip question 5 and answer question 6.
5. Would Defendant have discharged Plaintiff anyway based on issues concerning Plaintiff's conduct had Defendant not also been substantially motivated by discrimination?
____ Yes ____ No
If your answer to question 5 is No, then answer question 6. If you answered Yes, stop here, answer no further questions, and have the presiding juror sign and date this form.
6. Did the discharge cause Plaintiff harm?
____ Yes ____ No
If your answer to question 6 is yes, then answer question 7. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.
7. Whate are Plaintiff's damages?
It appearing by reason of said verdict as to Defendant Federal Insurance Company, that Defendant Federal Insurance Company is entitled to judgment against Plaintiff Jeffrey Gunchick:
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that said Plaintiff, Jeffrey Gunchick recover nothing by reason of his Complaint and that Judgment shall be, and hereby is, entered in favor of Defendant Federal Insurance Company and against Plaintiff Jeffrey Gunchick.