384 Jury Verdict

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Case 1:07-cv-00026-OWW-DLB

Document 384

Filed 06/08/2009

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FOILED
E CLERK u ASTERN OS. Disr
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DEPUTYeLE

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JUN

82009

ISTRICT F",.,f,-_"

UNITED STATES DISTRICT COURT .~-----EASTERN DISTRICT OF CALIFORNIA

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DAVID F. JADWIN, D.O., Plaintiff,
v.

1:07-cv-0026 OWW DLB VERDICTS OF TRIAL JURY

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COUNTY OF KERN, et a1., Defendants.

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We the jury in the above-entitled case, find the following answers to the questions submitted to us.

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Case 1:07-cv-00026-OWW-DLB

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Question 1:

As to Plaintiff's claim for FMLA/CFRA/FEHA

retaliation by Kern County, did Kern County retaliate against Plaintiff for:

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a.

Complaining internally about discrimination,

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harassment or retaliation?

No

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b.

Filing a charge with the Department of Fair

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Employment & Housing?

Yes~
c.

No

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Filing a lawsuit containing claims based on the

Fair Employment & Housing Act? Yes

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V

No

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d.

Filing a lawsuit containing claims based on the

California Family Rights Act?

Yes

V

No

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e.

Filing a lawsuit containing claims based on the

Family Medical Leave Act?

Yes

No

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

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retaliation willful?

Yes

No

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If you answered yes to any subpart of Question 1, answer Question 2. If you answered no as to all subparts of Question 1,

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answer Question 6.

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Case 1:07-cv-00026-OWW-DLB
Question 2:

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To carry out any retaliation you found in

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Question 1, did Kern County: a. Department? Remove Dr. Jadwin as Chair of the Pathology

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Yes

V

NO,

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b.

Create a hostile work environment for Dr. Jadwin?

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Yes

NO

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c. contract?

Wrongfully fail to renew Dr. Jadwin's employment

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Yes

V_

NO

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d.

Place Dr. Jadwin on paid administrative leave on

December 7, 2006?

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Yes

V

NO

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If you answered Question 2 yes as to any action by Kern County, answer Question 3. If you answered no as to all subparts

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of Question 2, answer Question 6.

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Case 1:07-cv-00026-OWW-DLB
Question 3:

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Was a motivating reason for Kern County's

retaliation in any of the following actions caused by Dr. Jadwin's complaint about discrimination, harassment, or retaliation, filing a complaint with the Department of Fair Employment & Housing, or filing this lawsuit:

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a. Department?

Remove Dr. Jadwin as Chair of the Pathology

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Yes----l.L-

No

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b.

Not renew his employment contract?

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Yes c. Jadwin?

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No

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Creating a hostile work environment for Dr.

Yes-JL" d.

No

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Place Dr. Jadwin on paid administrative leave on

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December 7, 2006?

Yes

No

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If your answer to Question 3 is yes as to any subpart, answer Question 4. If your answer to Question 3 is no as to all

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subparts, answer Question 6.

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Case 1:07-cv-00026-OWW-DLB
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Question 4:

Was Dr. Jadwin harmed by any retaliatory

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actions by Kern County?

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Yes----.lL'

No

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If you answered Question 4 yes, answer Question 5. answered Question 4 no, answer Question 6.

If you

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Question 5:

Was Kern County's conduct a substantial factor

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in causing Dr. Jadwin harm or damage?

Yes~

No

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Answer Question 6.

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Case 1:07-cv-00026-OWW-DLB
Question 6:

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On Plaintiff's claim that Kern County

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retaliated against him for taking medical leave under FMLA or CFRA, has Plaintiff proved by a preponderance of the evidence that Kern County took an adverse employment action against Dr. Jadwin by:

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a. Jadwin?

Creating a hostile work environment for Dr.

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Yes

v

NO

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b.

Removing him from his position as Chair of

Pathology at KMC?

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c.

Yes

V

No

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Failing to renew his employment contract?

Yes d.

No

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Placing Dr. Jadwin on paid administrative leave on

December 7, 2006? Yes e. _
NO

Was any such retaliation under the FMLA willful? Yes

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No

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If your answer to Question 6 is yes as to any subpart, answer Question 7. If your answer to Question 6 is no as to all

subparts, answer Question 12.
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Case 1:07-cv-00026-OWW-DLB
Question 7:

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Was Dr. Jadwin's taking of medical leave a

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motivating reason for any of the adverse employment actions you have found Kern County took against Dr. Jadwin?

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Yes /

NO

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If your answer to Question 7 is yes, answer Question 8. your answer to Question 7 is no, answer Question 10.

If

Case 1:07-cv-00026-OWW-DLB
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Question 8:

Was the retaliatory action of Kern County

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against Dr. Jadwin for taking medical leave a cause of harm or damage to Dr. Jadwin:

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a.

Creating a hostile work environment?

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Yes

V

NO,

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b.

Removing him from his position as Chair of the

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Pathology Department?

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Yes

V

No

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c.

Failing to renew his employment contract?

Yes~
d.

No

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Placing Dr. Jadwin on paid administrative leave on

December 7, 2006?

Yes

_

NOV

If you answered Question 8 yes as to any subpart, answer Question 9. If you answered Question 8 no, answer Question 10.

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Case 1:07-cv-00026-OWW-DLB
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Question 9:

Was Kern County's retaliatory conduct a

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substantial factor in causing Dr. Jadwin harm or damage?

Yes

No

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Answer Question 10.
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Question 10:

On Dr. Jadwin's claim for disability

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discrimination under FEHA, did Kern County know Dr. Jadwin had a mental condition (chronic depression) that limited his ability to work full time?

Yes

V

No

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If you answered Question 10 yes, answer answered Question 10 no, answer Question 16.

Questio~If you

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Question 11:

Was Dr. Jadwin able to

perfo~

his essential

job duties with reasonable accommodation for his mental condition?

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Yes

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No- - -

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If you answered Question 11 yes, answer Question 12. answered Question 11 no, answer Question 16.

If you

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Case 1:07-cv-00026-OWW-DLB

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Question 12:

Did Kern County discriminate against Dr.

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

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a. Department?

Removing Dr. Jadwin as Chair of the Pathology

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Yes

No- - -

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b. Jadwin?

Creating a hostile work environment for Dr.

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Yes~
c.

No- - -

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Failing to renew his employment contract?

Yes - - -

No

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d.

Placing Dr. Jadwin on paid administrative leave on

December 7, 2006?

Yes - - -

No

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If you answered any subpart of Question 12 yes, answer Question 13. 16. If you answered all subparts no, answer Question

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Case 1:07-cv-00026-OWW-DLB
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Question 13:

Was Dr. Jadwin's mental condition (chronic

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

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a.

Removal as Chair of the Pathology Department?

Yes

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No

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b. Jadwin?

Creation of a hostile work environment for Dr.

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Yes

No

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c.

Nonrenewa1 of Dr. Jadwin's employment contract?

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Yes

V

No

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d.
7, 2006?

Placement on paid administrative leave on December

yesL

No

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If you answered any subpart of Question 13 yes, answer Question 14. 16. If you answered all subparts no, answer Question

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Case 1:07-cv-00026-OWW-DLB
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Question 14:

Was Dr. Jadwin harmed by Kern County's

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discrimination based on his mental disability?

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Yes

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No

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If you answered Question 14 yes, answer Question 15. answered Question 14 no, answer Question 16.

If you

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Case 1:07-cv-00026-OWW-DLB

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Question 15:

Was Kern County's discrimination based on Dr.

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Jadwin's mental disability a substantial factor in causing Dr. Jadwin harm or damage?

Yes----.1L'

No

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Answer Question 16.

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Case 1:07-cv-00026-OWW-DLB
Question 16:

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On Dr. Jadwin's claim of disability

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discrimination for failure to reasonably accommodate under FEHA, has Dr. Jadwin proved by a preponderance of the evidence:

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a.

That Kern County knew Dr. Jadwin had a mental

condition (chronic depression) that limited his ability to work full time?

Yes~

No

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If you answered Question 16 yes, answer Question 17. answered Question 16 no, answer Question 20.

If you

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Case 1:07-cv-00026-OWW-DLB

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Question 17:

Did Kern County fail to provide Dr. Jadwin

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reasonable accommodation for his mental condition (chronic depression)?

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Yes-----LL"

NO

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If you answered Question 17 yes, answer Question 18. answered Question 17 no, answer Question 20.

If you

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Case 1:07-cv-00026-OWW-DLB
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Question 18:

Was Dr. Jadwin harmed by Kern County's failure

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to provide reasonable accommodation for Dr. Jadwin's mental condition (chronic depression)?

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yes-JL

No

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If you answered Question 18 yes,

answer Question 19.

If you

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answered Question 18 no, answer Question 20.

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Case 1:07-cv-00026-OWW-DLB
Question 19:

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Was Kern County's failure to provide

reasonable accommodation for Dr. Jadwin's mental condition (chronic depression) a substantial factor in causing Dr. Jadwin harm or damage?

Yes~

No

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12
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22

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If you answered Question 19 yes, answer Question 20. answered Question 19 no, answer Question 20.

If you

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Case 1:07-cv-00026-OWW-DLB
Question 20:

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On Dr. Jadwin's claim for disability

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

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a.

Did Dr. Jadwin have a mental disability that was

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known to Kern County?

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Yes~

No

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If you answered Question 20 yes, answer Question 21.

If you

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answered Questions 1, 6, 12, 16 and 20 no as to all subparts, sign and return this verdict. If you answered yes to any

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subparts of Question 1, 6, 12, and 16 and answered Question 20 no, answer Question 21. 22

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Case 1:07-cv-00026-OWW-DLB
Question 21:

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Did Dr. Jadwin request that Kern County make

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reasonable accommodation for his disability so that Dr. Jadwin would be able to perform his essential job requirements?

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No _

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If you answered Question 21 yes, answer Question 22.

If you

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answered Question 21 no and answered yes as to any subpart of Questions 5, 9, 15, and/or 19, answer Question 25. If you

answered Questions 1-5, 6-9, 10-15, 16-19 and/or 20 no, sign and return this verdict.
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Case 1:07-cv-00026-OWW-DLB
Question 22:

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Was Dr. Jadwin willing to participate in

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interactive process to determine whether reasonable accommodation could be made so that Dr. Jadwin would be able to perform his essential job requirements?

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Yes~

No

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If you answered Question 22 yes, answer Question 23.

If you

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answered Question 22 no, and answered yes as to Questions 5, 9, 15 and/or 19, answer Question 25. If you answered Questions 1-5,

6-9, 10-15, 16-19, and 20-21 no, sign and return this verdict.

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Question 23:

Did Kern County fail to participate in a

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timely good-faith interactive process with Dr. Jadwin to determine whether a reasonable accommodation could be made?

Yes-lL

No

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21

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25

If you answered Question 23 yes, answer Question 24.

If you

answered Question 23 no and answered yes as to Questions 5, 9, 15 and/or 19, sign and return this verdict.

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Case 1:07-cv-00026-OWW-DLB
Question 24:

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Did Kern County's failure to participate in

reasonable good faith interactive process with Dr. Jadwin harm Dr. Jadwin?

Yes-IL

No

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14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 26 If you answered Question 24 yes, answer Question 25. If you

answered Question 24 no and answered yes as to Questions 5, 9, 15, and/or 19, sign and return this verdict.

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Case 1:07-cv-00026-OWW-DLB
Question 25:

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Was Kern County's failure to engage in a good-

faith interactive process with Dr. Jadwin a substantial factor in causing harm or damage?

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5
6
7

Yes----LL'

NO

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B

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12
13

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16

17

1B
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21

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If you answered Question 25 yes, answer Question 26.

If you

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2B

answered Questions 5, 9, 15 and/or 19 no, sign and return this verdict. If you answered Question 25 no, and answered Questions

5, 9, 15, and/or 19 yes, answer Question 26.

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Question 26:

Has Defendant Kern County proved by a

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preponderance of the evidence that Dr. Jadwin's contract was not renewed by reason of Dr. Jadwin's conduct and alleged violation of the employer's rules and contract requirements and/or that Dr. Jadwin's behavior was the cause of nonrenewa1 of his contract?

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9

Yes

_

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12 13 14 15 16 17

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If your answer to Question 26 is yes, anSWer Question 27, but do not award any damages for failure to renew Dr. Jadwin's contract. If you answered Question 26 no, answer Question 27.

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Case 1:07-cv-00026-OWW-DLB
Question 27:

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If you have found that any discrimination or

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retaliation by Kern County was the cause of damage to Dr. Jadwin on any of his claims, what damages do you award?

Mental and emotional distress and suffering $ Reasonable value of necessary medical care, treatment and 'services received to the present time $ Reasonable value of necessary medical care, treatment and services which with reasonable probability will be required in the future $ Reasonable value of earnings and professional fees lost to the present time Reasonable value of earnings and professional fees which with reasonable probability will be lost in the future

~~~~

/11

_

8
9

?f) .

;qZ.CO
_

10
11

()
~~~

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14

$32./. ~OO ,
$

15 16 17 18 19 20 21 22 23
24

Ie-'tI, () ~

{)Q/I ..
O~

0'0

Do not include in any award of damages, any award for attorneys fees or court costs.

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Sign and return this verdict.

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It is certified that our verdicts are unanimous.

DATED: June

~,

2009.

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DOCUMENT INFO
Description: David F. Jadwin v. Kern County: 1:07-cv-26 in the United Stated District Court for the Eastern District of California, Fresno Division before Judge Oliver W. Wanger. This was a 2009 federal employment lawsuit that went to a bench and jury trial resulting in a unanimous verdict and significant judgment for the plaintiff employee. Issues involved violations of medical leave and disability discrimination laws, as well as 42 U.S.C. 1983 procedural due process violation. Plaintiff was represented by Eugene Lee, a Los Angeles, California employment lawyer.