Attorney John Douglas Winer's Legal Cases

Employment and labor

$4,461,636.40 — Judgment in Sexual Harassment Case Against FedEx

Jan 01, 2006

OUTCOME: $4,461,636.40 settlement on behalf of Plaintiffs

Two employees who alleged that they were sexually harassed by a co-worker brought a case against FedEx. The case resulted in a total verdict of $2,328,000, plus an award of attorney fees and costs, rai ... sing the total judgment to $4,461,636.40. The first plaintiff, Kolainia Hettick, was a 20-year-old handler when the harassment started. She alleged that the co-employee perpetrator romantically pursued her against her wishes. His conduct escalated to the point where it became stalking-like behavior. Despite numerous complaints to management, FedEx did little or nothing to stop the harassment from occurring. Jana Bryant, a second victim, alleged that the perpetrator blamed Jana for Kolainia's lack of interest in the perpetrator and began harassing Jana through obscene gestures and threatening language. Jana complained about the harassment, but her complaints were not taken seriously. FedEx refused to take the complaints seriously while the two plaintiffs and defendant were forced to work together, and took the position during the litigation and trial that the perpetrator's conduct did not rise to the level of actionable sexual harassment, the plaintiffs received no injury, and FedEx did nothing wrong in failing to take more corrective action. Winer, McKenna & Burritt, LLP, partners, John D. Winer and Alexis McKenna, tried the case, and overcame FedEx's defenses to achieve a verdict of $1,298,000 on behalf of Kolainia Hettick and a $1,030,000 verdict on behalf of Jana Bryant. Two million dollars of the total verdict was for punitive damages to punish FedEx for its malicious, oppressive misconduct. Under California law, since plaintiffs prevailed in a highly disputed sexual harassment case, they were entitled to seek recovery for attorneys' fees and costs incurred by the plaintiffs and Winer, McKenna & Burritt, LLP, in pursuing the case. This was an intensively litigated case which resulted in an attorneys' fee award of $1,916,432.62, an award of case costs of $205,342.02, and pre-judgment interest in the amount of $11,861.92. The court found the above fee and cost award was warranted given the difficulty of the case and the outstanding result received by the law firm on behalf of plaintiffs.

Brain injury

Prescription Drug Led to Brain Damage and Abuse Case Against Doctor

N/A

OUTCOME: $7,130,000 Settlement on Behalf of Plaintiff

Winer, McKenna & Burritt, LLP, represented a 43-year-old woman who had seen the same psychiatrist for ten years. During that time, he prescribed drugs which caused plaintiff to suffer from a brain inju ... ry and sexually abused his patient. As a result of her injuries, plaintiff became severely disabled, was unable to work for over ten years, and extensive future treatment was recommended. Plaintiff brought simultaneous licensing board, criminal and civil actions against defendant. A key issue in the case was the effect that Dexedrine, a prescription drug, had on the plaintiff. Defendant claimed that the Dexedrine, which is a potent amphetamine, was safe and did not cause Plaintiff damage. Winer, McKenna & Burritt, LLP, retained toxicology and psychopharmacology experts who testified that the Dexedrine in the way it was mis-prescribed was in fact dangerous and caused severe brain damage to the plaintiff.

Personal injury

$5,600,000 — Man Paralyzed By Defective Forklift

N/A

OUTCOME: $5.6 Million Dollar Settlement on Behalf Of Plaintiff

Plaintiff was a 45-year-old mechanic who became paralyzed when a defective forklift fell over onto him while he was delivering products to a car dealership. Plaintiff delivered 20 pallets of coolant to ... a car dealership. At all other prior deliveries to other vendors, Plaintiff did not assist nor was he asked to assist in the unloading of the delivery he made.

Insurance

$5,000,000-Bad Faith Termination of Disability Insurance Benefits to Severely Disabled Former Dentist

N/A

OUTCOME: $5,000,000 Settlement on Behalf of Plaintiff

Plaintiff was a former dentist who could no longer perform his substantial and material duties due to partial blindness and loss of sensation in his hands and fingers. Plaintiff had two disability insu ... rance policies with defendant insurer: one that guaranteed a lifetime of disability benefits should he ever become disabled from performing the substantial and material duties of a dentist; and one that would cover his business overhead expenses should he become disabled from performing these duties.

Child abuse

$6,800,000 — Four Young Boys Were Sexually Molested By A Male Teacher At Their Elementary School

N/A

OUTCOME: $6,800,000 settlement on behalf of Plaintiffs

Plaintiffs were four boys who were sexually abused by their fourth grade teacher. The perpetrator-teacher (a male) taught at the defendant School District from 1997-1999. During that time, he molested ... two of the plaintiffs who were in his fourth grade class. The teacher left the school district in June 1999 and gained employment at another school district in September. In January 2000, several boys in his fourth grade class complained of improper touching by the teacher. The Sheriff's Department investigated the teacher and ultimately arrested him for child sexual abuse. In 2002, he was convicted and sentenced to 24 years in prison. Plaintiffs pursued two theories against the defendant School District. First, as to the two boys who were students within the District, plaintiffs contended that the District was negligent in its supervision and retention of the teacher. The District and the elementary school principal received many complaints about inappropriate behavior by the teacher, including repeated instances of him being in his classroom with the door closed with a single boy. Second, plaintiffs contended that defendant School District committed fraud when it provided false written and verbal recommendations for the teacher after forcing him to resign in the wake of the many complaints. Plaintiffs contended that the District reached a secret deal with the teacher: if he resigned quietly, the District would provide him with a glowing letter of recommendation and positive verbal recommendations. The teacher used the false recommendations to gain employment at another school district, where he sexually abused the four other plaintiffs, who were boys in his class. Kelli Burritt was an associate at another law firm when this case was litigated. She performed extensive discovery on the case.

Personal injury

$4,550,000 — Woman Becomes Paralyzed As a Result of a Trip and Fall Accident Outside of Her Motel Room

N/A

OUTCOME: $4,550,000 settlement on behalf of Plaintiff

Plaintiff was a 40-year-old woman, who rented a motel room. After having a martini, she took her dog for a walk outside of the room and tripped over a height differential in a curb in the parking lot. ... Plaintiff retained multiple expert witnesses to establish that the curb represented a dangerous condition and tripping hazard as a result of the way that it was constructed and maintained. Further, Winer, McKenna & Burritt, LLP, retained expert witnesses who opined that doctors who treated Plaintiff after the fall allegedly committed medical negligence, aggravating the injury and causing the paralysis.

Child abuse

$4,200,000 — Four Young Boys were Sexually Molested by a Youth Leader at a Large Youth Sports Organization

N/A

OUTCOME: $4,200,000.00 Settlement on Behalf of Plaintiff

Four boys in their early to mid-teens were sexually harassed by a youth leader. There was a criminal case in which the leader was convicted and sent to prison. Winer, McKenna & Burritt, LLP, was retain ... ed to obtain compensation for the boys' emotional injuries. Mr. Winer took the out of court testimony of the youth leader while he was in prison and the leader denied any sexual misconduct. Winer, McKenna & Burritt, LLP, established, however, that the youth leader was not appropriately supervised by the national organization or the local branches of the organization. In fact, he broke numerous organizational rules including exposing the young boys to pornography, which caused the plaintiffs sever emotional trauma.

Personal injury

$4,000,000 — 50-Year-Old Electrician Suffers Severe Burn Injuries in an Electrical Accident

N/A

OUTCOME: $4,000,000.00 Settlement Result on Behalf of Plaintiff

Plaintiff was a 50-year-old journeyman electrician who was placed by an employment agency in the employ of a large corporate landowner. The corporation forced plaintiff to change a circuit breaker whi ... le the electrical current was still running. While plaintiff was screwing in the circuit breaker there was an electrical arc, probably caused by faulty material, and a large explosion occurred, throwing plaintiff backward while his body was set on fire. Plaintiff was rescued and survived the incident. However, he had burns over a large portion of his body and was left with deficits in movement and significant scarring. On the positive side, after several years plaintiff was cleared to return to work, although with less endurance. The company relied upon an obscure legal doctrine, called the "dual employer doctrine" to defend itself. It claimed that even though plaintiff was hired by an employment agency he was, in fact, employed by both the employment agency and defendant company. Thus, plaintiff's remedy was restricted to workers' compensation, which would have limited his recovery to several hundred thousand dollars. Further, the company claimed that plaintiff was responsible for his own injuries because he was not wearing appropriate gear, and as an experienced electrician, he knew better than to change a circuit breaker without first turning off the electricity running through the panel. Winer, McKenna & Burritt, LLP, was retained to prosecute plaintiff's claim. The law firm began an immediate and intensive investigation which turned up significant evidence that the foreman for the company acted negligently by having the plaintiff replace the breaker while the panel was "hot." In addition, the law firm retained electrical experts who performed their own investigation and combed through thousands of pages of documents to establish the liability of the company. The law firm was able to overcome the technical defense raised by the company by establishing that although plaintiff did have to listen to the particular order to replace the circuit breaker while there was electrical current running through the panel, he otherwise was an independent contractor and not under the control of defendant in such a way that the dual employment doctrine would apply. Further, plaintiff's experts were able to put forth theories that under the particular circumstances of the subject job, plaintiff was not in any way responsible for his own injuries.

Sexual harassment

$3,850,000 — Female Plaintiff in Her Early 20's Sues Medical Supply Company for Sexual Harassment and Retaliation

N/A

OUTCOME: $3,850,000.00 Settlement on Behalf of Plaintiff

Plaintiff was in her mid 20's, working as a clerk for a large medical supply company. She claimed that she was sexually harassed and retaliated against by her supervisor. The company investigated the s ... exual harassment complaints and made a no substantiation finding, but made a finding in plaintiff's favor in the retaliation case. During litigation, the company claimed it handled the situation appropriately. Winer, McKenna & Burritt, LLP, established that the offending supervisor was never appropriately disciplined and despite an earlier warning that he would be terminated if he committed one more wrongful act, defendant was not terminated when he was later found guilty of retaliation. Officers at the very highest level of the organization protected the supervisor, thereby exposing the company to the risk of a large punitive damage award which accounts for the result.

Employment and labor

$3,400,000 - Two Female Employees to Settle Verbal Harassment and Intimidation Case Against National Cosmetics Company

N/A

OUTCOME: $3,400,000.00 Settlement on Behalf of Plaintiff

Plaintiffs were two female employees. who worked in the service and delivery departments of a large cosmetic company. After extensive litigation Winer, McKenna & Burritt, LLP, established facts that i ... ndicated that both plaintiffs had received sexually harassing and intimidating comments by a co-worker. The plaintiffs, who were in fear of their personal safety as a result of the co-worker's comments and actions, complained on a frequent basis to management and Human Resources. Yet, the company failed to take any significant steps to protect the plaintiffs and to discipline the harasser. As a result, plaintiffs' emotional distress grew to substantial proportions that required significant psychological treatment.

John Douglas Winer's Legal Cases (10)

$4,461,636.40 — Judgment in Sexual Harassment Case Against FedEx

Prescription Drug Led to Brain Damage and Abuse Case Against Doctor

$5,600,000 — Man Paralyzed By Defective Forklift

$5,000,000-Bad Faith Termination of Disability Insurance Benefits to Severely Disabled Former Dentist

$6,800,000 — Four Young Boys Were Sexually Molested By A Male Teacher At Their Elementary School

$4,550,000 — Woman Becomes Paralyzed As a Result of a Trip and Fall Accident Outside of Her Motel Room

$4,200,000 — Four Young Boys were Sexually Molested by a Youth Leader at a Large Youth Sports Organization

$4,000,000 — 50-Year-Old Electrician Suffers Severe Burn Injuries in an Electrical Accident

$3,850,000 — Female Plaintiff in Her Early 20's Sues Medical Supply Company for Sexual Harassment and Retaliation

$3,400,000 - Two Female Employees to Settle Verbal Harassment and Intimidation Case Against National Cosmetics Company