$75,290 jury verdict for employment disability discrimination; stipulated judgment of $175,000 prior to punitive damages phase. Orange County.


Plaintiff was fired from her job one day after requesting medical leave.

The Case

  • 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: Wednesday, March 07, 2012
  • Date Action was Filed: Tuesday, February 01, 2011
  • Type of Action: 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

The Result

  • 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

The Attorneys

  • 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.

  • Plaintiff's Contentions:

    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.

  • Defendant's Contentions:

    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

  • 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


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