384 Jury Verdict
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•
Case 1:07-cv-00026-OWW-DLB
Document 384
Filed 06/08/2009
Page 1 of 30
1
FOILED
2 3
JUN
4
82009
E CLERK u ASTERN OS. Disr 8'
5
ISTRICT F",.,f,-_" DEPUTYeLE
UNITED STATES DISTRICT COURT .~------
6
EASTERN DISTRICT OF CALIFORNIA
7
8
9
DAVID F. JADWIN, D.O.,
10 11
12 13
1:07-cv-0026 OWW DLB
Plaintiff,
VERDICTS OF TRIAL JURY
v.
COUNTY OF KERN, et a1., Defendants.
14 15
16 17
We the jury in the above-entitled case, find the following answers to the questions submitted to us.
18 19 20 21 22 23 24
25
26 27 28 1
Case 1:07-cv-00026-OWW-DLB
1
Question 1:
Document 384
Filed 06/08/2009
Page 2 of 30
As to Plaintiff's claim for FMLA/CFRA/FEHA
2
retaliation by Kern County, did Kern County retaliate against
3
Plaintiff for:
4
5
6
a.
Complaining internally about discrimination,
harassment or retaliation?
7 No
8
_
9
10
b.
Filing a charge with the Department of Fair
11
Employment & Housing?
12
Yes~
13
No
_
14
15 16
c.
Filing a lawsuit containing claims based on the
Fair Employment & Housing Act?
17
Yes
V
No
_
18
19 20
d.
Filing a lawsuit containing claims based on the
California Family Rights Act?
21 22
Yes
V
No
_
23
24 25
e.
Filing a lawsuit containing claims based on the
Family Medical Leave Act?
26 27
Yes
No
28 2
_
Case 1:07-cv-00026-OWW-DLB
1
2
f.
Document 384
Filed 06/08/2009
Page 3 of 30
If you answered Question 1.e. yes, was such
retaliation willful?
3 No
Yes
4
_
5 6 7
8 9
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
Case 1:07-cv-00026-OWW-DLB
1
2
Question 2:
Filed 06/08/2009
Page 4 of 30
To carry out any retaliation you found in
Question 1, did Kern County: a.
3 4
Document 384
Remove Dr. Jadwin as Chair of the Pathology
Department?
5
Yes
6
V
NO,
_
7
b.
8
Create a hostile work environment for Dr. Jadwin?
9 NO
Yes
10
_
11
c.
12 13
Wrongfully fail to renew Dr. Jadwin's employment
contract?
14 Yes
15
V_
NO
_
16 17 18
d.
Place Dr. Jadwin on paid administrative leave on
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
Case 1:07-cv-00026-OWW-DLB
1
Question 3:
Document 384
Filed 06/08/2009
Page 5 of 30
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
a.
7
8
Remove Dr. Jadwin as Chair of the Pathology
Department?
9
10
No
Yes----l.L-
_
11
b.
12
Not renew his employment contract?
13
14
Yes
15 16
c.
V
No
_
Creating a hostile work environment for Dr.
Jadwin?
17 18
19
20
No
Yes-JL" d.
_
Place Dr. Jadwin on paid administrative leave on
December 7, 2006?
21 22
No
Yes
_
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
Case 1:07-cv-00026-OWW-DLB 1
2
Question 4:
Document 384
Filed 06/08/2009
Page 6 of 30
Was Dr. Jadwin harmed by any retaliatory
actions by Kern County?
3
4
No
Yes----.lL'
_
5 6 7 8 9
10 11
12 13
14 15 16 17 18
19 20 21 22 23 24 25
26
If you answered Question 4 yes, answer Question 5. answered Question 4 no, answer Question 6.
27
28 6
If you
Case 1:07-cv-00026-OWW-DLB 1
2 3 4
Question 5:
Document 384
Page 7 of 30
Was Kern County's conduct a substantial factor
in causing Dr. Jadwin harm or damage?
Yes~
No
5 6 7 8 9
10 11
12 13
14 15 16
17 18 19 20 21 22 23 24 25
Filed 06/08/2009
Answer Question 6.
26
27 28 7
_
Case 1:07-cv-00026-OWW-DLB
1
Question 6:
Document 384
Filed 06/08/2009
Page 8 of 30
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
a.
7
8
Creating a hostile work environment for Dr.
Jadwin?
9
10
Yes
v
NO
_
11
12 13
b.
Removing him from his position as Chair of
Pathology at KMC?
14 15
Yes
V
No
_
16 17
c.
Failing to renew his employment contract?
18 Yes
19
20 21
d.
24
_
Placing Dr. Jadwin on paid administrative leave on
December 7, 2006?
22 23
No
Yes e.
_
NO
Was any such retaliation under the FMLA willful? 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
Case 1:07-cv-00026-OWW-DLB
1
Question 7:
Document 384
Filed 06/08/2009
Page 9 of 30
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 11
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
If your answer to Question 7 is yes, answer Question 8. your answer to Question 7 is no, answer Question 10.
27 28 9
If
Case 1:07-cv-00026-OWW-DLB 1
Question 8:
Document 384
Filed 06/08/2009
Page 10 of 30
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:
4
5
a.
Creating a hostile work environment?
6
Yes
7
V
NO,
_
8 9
10
b.
Removing him from his position as Chair of the
Pathology Department?
11
12
Yes
V
No
_
13
14
c.
Failing to renew his employment contract?
15
Yes~
16
No
_
17 18 19
d.
Placing Dr. Jadwin on paid administrative leave on
December 7, 2006?
20 21
Yes
_
NOV
22 23 24 25
26
If you answered Question 8 yes as to any subpart, answer Question 9.
If you answered Question 8 no, answer Question 10.
27
28 10
Case 1:07-cv-00026-OWW-DLB 1
2
Question 9:
Document 384
Filed 06/08/2009
Was Kern County's retaliatory conduct a
substantial factor in causing Dr. Jadwin harm or damage?
3 4
Yes
No
5
6 7
8 9
10 11
12
13 14 15
16 17 18 19 20 21 22 23 24
25
26
Page 11 of 30
Answer Question 10. \
27
28 11
_
Case 1:07-cv-00026-OWW-DLB 1
Question 10:
Document 384
Filed 06/08/2009
Page 12 of 30
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
_
7 8 9
10 11
12 13
14 15 16 17 18 19 20 21 22 23 24
25
If you answered Question 10 yes, answer
26
answered Question 10 no, answer Question 16.
27
28
12
Questio~If you
~~
Case 1:07-cv-00026-OWW-DLB
Document 384
Filed 06/08/2009
Page 13 of 30
•
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- - -
6 7 8 9
10 11 12
13
14 15
16 17 18 19 20 21
22 23 24
25
26
If you answered Question 11 yes, answer Question 12. answered Question 11 no, answer Question 16.
27 28
13
If you
Case 1:07-cv-00026-OWW-DLB
Question 12:
1
2
Document 384
Filed 06/08/2009
Page 14 of 30
Did Kern County discriminate against Dr.
Jadwin based on his mental disability (chronic depression) by:
3
a.
4 5
Removing Dr. Jadwin as Chair of the Pathology
Department?
6 Yes
7
No- - -
8
9 10
b.
Creating a hostile work environment for Dr.
Jadwin?
11
Yes~
12
No- - -
13
14
c.
Failing to renew his employment contract?
15 16
No
Yes - - -
17
18 19
d.
Placing Dr. Jadwin on paid administrative leave on
December 7, 2006?
20 21
Yes - - -
No
22 23 24
If you answered any subpart of Question 12 yes, answer
25
26
Question 13.
27
16.
If you answered all subparts no, answer Question
28
14
Case 1:07-cv-00026-OWW-DLB Question 13:
1
2
Document 384
Filed 06/08/2009
Page 15 of 30
Was Dr. Jadwin's mental condition (chronic
depression) a motivating reason for Dr. Jadwin's:
3
a.
4
Removal as Chair of the Pathology Department?
5 6
Yes
·V
No
_
7
b.
8 9
Creation of a hostile work environment for Dr.
Jadwin?
10 No
Yes
11
---
12 c.
13
Nonrenewa1 of Dr. Jadwin's employment contract?
14 15
Yes
V
No
_
16
d.
17 18
Placement on paid administrative leave on December
7, 2006?
19 20
No
yesL
_
21 22 23 24 If you answered any subpart of Question 13 yes, answer
25
26
Question 14.
27
16.
If you answered all subparts no, answer Question
28 15
Case 1:07-cv-00026-OWW-DLB 1
2
Question 14:
Document 384
Filed 06/08/2009
Page 16 of 30
Was Dr. Jadwin harmed by Kern County's
discrimination based on his mental disability?
3
4
Yes
V
No
_
5 6 7 8 9
10 11
12 13 14 15 16 17 18 19 20 21 22 23 24 25
26
If you answered Question 14 yes, answer Question 15. answered Question 14 no, answer Question 16.
27 28 16
If you
Case 1:07-cv-00026-OWW-DLB
1
Question 15:
Document 384
Filed 06/08/2009
Page 17 of 30
Was Kern County's discrimination based on Dr.
2
Jadwin's mental disability a substantial factor in causing Dr.
3
Jadwin harm or damage?
4 5
No
Yes----.1L'
6
7 8 9
10
11 12 13
14
15 16 17 18
19 20 21
22 23
24 25
Answer Question 16.
26
27 28 17
_
Case 1:07-cv-00026-OWW-DLB
1
Question 16:
Document 384
Filed 06/08/2009
Page 18 of 30
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
a.
5
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 11
12
13 14 15
16 17 18 19
20 21 22 23 24
25
26
If you answered Question 16 yes, answer Question 17. answered Question 16 no, answer Question 20.
27
28
18
If you
Case 1:07-cv-00026-OWW-DLB
1
Question 17:
Document 384
Filed 06/08/2009
Page 19 of 30
Did Kern County fail to provide Dr. Jadwin
2
reasonable accommodation for his mental condition (chronic
3
depression)?
4
5
NO
Yes-----LL"
_
6 7
8 9
10 11
12 13
14 15 16 17 18 19 20 21 22 23
24
25
26
If you answered Question 17 yes, answer Question 18. answered Question 17 no, answer Question 20.
27
28 19
If you
Case 1:07-cv-00026-OWW-DLB 1
Question 18:
Document 384
Filed 06/08/2009
Page 20 of 30
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
No
yes-JL
_
6 7 8 9
10 11
12 13
14 15 16 17 18 19 20 21 22 23 24 25
26
If you answered Question 18 yes,
answer Question 19.
answered Question 18 no, answer Question 20.
27 28 20
If you
Case 1:07-cv-00026-OWW-DLB
1
Question 19:
Document 384
Filed 06/08/2009
Page 21 of 30
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?
5 6
Yes~
No
_
7 8 9
10 11
12 13
14 15 16 17 18 19 20 21 22
23 24
25 26
If you answered Question 19 yes, answer Question 20. answered Question 19 no, answer Question 20.
27
28 21
If you
Case 1:07-cv-00026-OWW-DLB
1
Question 20:
Document 384
Filed 06/08/2009
Page 22 of 30
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 24
If you answered Question 20 yes, answer Question 21.
If you
25
answered Questions 1, 6, 12, 16 and 20 no as to all subparts,
26
sign and return this verdict.
27
subparts of Question 1, 6, 12, and 16 and answered Question 20
28
no, answer Question 21.
If you answered yes to any
22
Case 1:07-cv-00026-OWW-DLB
1
Question 21:
Document 384
Filed 06/08/2009
Page 23 of 30
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 No
5
_
6
7 8 9
10 11
12 13
14 15 16 17 18
19 20 21 22 23 24
If you answered Question 21 yes, answer Question 22.
25
answered Question 21 no and answered yes as to any subpart of
26
Questions 5, 9, 15, and/or 19, answer Question 25.
27
answered Questions 1-5, 6-9, 10-15, 16-19 and/or 20 no, sign and
28
return this verdict. 23
If you
If you
Case 1:07-cv-00026-OWW-DLB
1
Question 22:
Document 384
Filed 06/08/2009
Page 24 of 30
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
_
7
8 9
10 11
12 13
14
15 16 17 18
19 20 21 22 23 24
If you answered Question 22 yes, answer Question 23.
25
answered Question 22 no, and answered yes as to Questions 5, 9,
26
15 and/or 19, answer Question 25.
27
6-9, 10-15, 16-19, and 20-21 no, sign and return this verdict.
28 24
If you
If you answered Questions 1-5,
Case 1:07-cv-00026-OWW-DLB 1
Question 23:
Document 384
Filed 06/08/2009
Page 25 of 30
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
No
Yes-lL
_
6 7 8 9
10 11
12
13
14 15 16 17 18
19 20 21
22 23 24
If you answered Question 23 yes, answer Question 24.
If you
25
answered Question 23 no and answered yes as to Questions 5, 9, 15
26
and/or 19, sign and return this verdict.
27
28 25
• 1
Case 1:07-cv-00026-OWW-DLB Question 24:
Document 384
Filed 06/08/2009
Page 26 of 30
Did Kern County's failure to participate in
2
reasonable good faith interactive process with Dr. Jadwin harm
3
Dr. Jadwin?
4 5
No
Yes-IL
---
6 7 8 9 10 11
12 13
14 15 16 17 18 19 20 21 22 23 24 25
If you answered Question 24 yes, answer Question 25.
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
If you
•
• 1
Case 1:07-cv-00026-OWW-DLB Question 25:
Document 384
Filed 06/08/2009
Page 27 of 30
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
_
6 7
B
9
10 11
12 13
14 15 16
17
1B 19 20 21
22 23 24
If you answered Question 25 yes, answer Question 26.
If you
25
answered Questions 5, 9, 15 and/or 19 no, sign and return this
26
verdict.
27
5, 9, 15, and/or 19 yes, answer Question 26.
If you answered Question 25 no, and answered Questions
2B
27
.
•
'
1
Case 1:07-cv-00026-OWW-DLB
Question 26:
Document 384
Filed 06/08/2009
Page 28 of 30
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?
6
Yes
7
_
8 9
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
Case 1:07-cv-00026-OWW-DLB
1
Question 27:
Document 384
Filed 06/08/2009
Page 29 of 30
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?
4 5
Mental and emotional distress and suffering $
/11
~~~~
_
6 7
8 9
10 11
12 13 14
15
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
16 17 18
;qZ.CO
() ~~~
_
$32./., ~OO $
Ie-' tI, () ~
{)Q/I .. O~
0'0
Do not include in any award of damages, any award for attorneys fees or court costs.
19 20 21 22 23 24
25
?f) .
Sign and return this verdict.
26 27 28 29
Case 1:07-cv-00026-OWW-DLB ~
Document 384
Filed 06/08/2009
, 1
It is certified that our verdicts are unanimous.
2 3
DATED: June
~,
2009.
4 5 6 7 8 9 10 11
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30
Page 30 of 30
Case 1:07-cv-00026-OWW-DLB
Document 384
Filed 06/08/2009
Page 1 of 30
1
FOILED
2 3
JUN
4
82009
E CLERK u ASTERN OS. Disr 8'
5
ISTRICT F",.,f,-_" DEPUTYeLE
UNITED STATES DISTRICT COURT .~------
6
EASTERN DISTRICT OF CALIFORNIA
7
8
9
DAVID F. JADWIN, D.O.,
10 11
12 13
1:07-cv-0026 OWW DLB
Plaintiff,
VERDICTS OF TRIAL JURY
v.
COUNTY OF KERN, et a1., Defendants.
14 15
16 17
We the jury in the above-entitled case, find the following answers to the questions submitted to us.
18 19 20 21 22 23 24
25
26 27 28 1
Case 1:07-cv-00026-OWW-DLB
1
Question 1:
Document 384
Filed 06/08/2009
Page 2 of 30
As to Plaintiff's claim for FMLA/CFRA/FEHA
2
retaliation by Kern County, did Kern County retaliate against
3
Plaintiff for:
4
5
6
a.
Complaining internally about discrimination,
harassment or retaliation?
7 No
8
_
9
10
b.
Filing a charge with the Department of Fair
11
Employment & Housing?
12
Yes~
13
No
_
14
15 16
c.
Filing a lawsuit containing claims based on the
Fair Employment & Housing Act?
17
Yes
V
No
_
18
19 20
d.
Filing a lawsuit containing claims based on the
California Family Rights Act?
21 22
Yes
V
No
_
23
24 25
e.
Filing a lawsuit containing claims based on the
Family Medical Leave Act?
26 27
Yes
No
28 2
_
Case 1:07-cv-00026-OWW-DLB
1
2
f.
Document 384
Filed 06/08/2009
Page 3 of 30
If you answered Question 1.e. yes, was such
retaliation willful?
3 No
Yes
4
_
5 6 7
8 9
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
Case 1:07-cv-00026-OWW-DLB
1
2
Question 2:
Filed 06/08/2009
Page 4 of 30
To carry out any retaliation you found in
Question 1, did Kern County: a.
3 4
Document 384
Remove Dr. Jadwin as Chair of the Pathology
Department?
5
Yes
6
V
NO,
_
7
b.
8
Create a hostile work environment for Dr. Jadwin?
9 NO
Yes
10
_
11
c.
12 13
Wrongfully fail to renew Dr. Jadwin's employment
contract?
14 Yes
15
V_
NO
_
16 17 18
d.
Place Dr. Jadwin on paid administrative leave on
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
Case 1:07-cv-00026-OWW-DLB
1
Question 3:
Document 384
Filed 06/08/2009
Page 5 of 30
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
a.
7
8
Remove Dr. Jadwin as Chair of the Pathology
Department?
9
10
No
Yes----l.L-
_
11
b.
12
Not renew his employment contract?
13
14
Yes
15 16
c.
V
No
_
Creating a hostile work environment for Dr.
Jadwin?
17 18
19
20
No
Yes-JL" d.
_
Place Dr. Jadwin on paid administrative leave on
December 7, 2006?
21 22
No
Yes
_
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
Case 1:07-cv-00026-OWW-DLB 1
2
Question 4:
Document 384
Filed 06/08/2009
Page 6 of 30
Was Dr. Jadwin harmed by any retaliatory
actions by Kern County?
3
4
No
Yes----.lL'
_
5 6 7 8 9
10 11
12 13
14 15 16 17 18
19 20 21 22 23 24 25
26
If you answered Question 4 yes, answer Question 5. answered Question 4 no, answer Question 6.
27
28 6
If you
Case 1:07-cv-00026-OWW-DLB 1
2 3 4
Question 5:
Document 384
Page 7 of 30
Was Kern County's conduct a substantial factor
in causing Dr. Jadwin harm or damage?
Yes~
No
5 6 7 8 9
10 11
12 13
14 15 16
17 18 19 20 21 22 23 24 25
Filed 06/08/2009
Answer Question 6.
26
27 28 7
_
Case 1:07-cv-00026-OWW-DLB
1
Question 6:
Document 384
Filed 06/08/2009
Page 8 of 30
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
a.
7
8
Creating a hostile work environment for Dr.
Jadwin?
9
10
Yes
v
NO
_
11
12 13
b.
Removing him from his position as Chair of
Pathology at KMC?
14 15
Yes
V
No
_
16 17
c.
Failing to renew his employment contract?
18 Yes
19
20 21
d.
24
_
Placing Dr. Jadwin on paid administrative leave on
December 7, 2006?
22 23
No
Yes e.
_
NO
Was any such retaliation under the FMLA willful? 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
Case 1:07-cv-00026-OWW-DLB
1
Question 7:
Document 384
Filed 06/08/2009
Page 9 of 30
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 11
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
If your answer to Question 7 is yes, answer Question 8. your answer to Question 7 is no, answer Question 10.
27 28 9
If
Case 1:07-cv-00026-OWW-DLB 1
Question 8:
Document 384
Filed 06/08/2009
Page 10 of 30
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:
4
5
a.
Creating a hostile work environment?
6
Yes
7
V
NO,
_
8 9
10
b.
Removing him from his position as Chair of the
Pathology Department?
11
12
Yes
V
No
_
13
14
c.
Failing to renew his employment contract?
15
Yes~
16
No
_
17 18 19
d.
Placing Dr. Jadwin on paid administrative leave on
December 7, 2006?
20 21
Yes
_
NOV
22 23 24 25
26
If you answered Question 8 yes as to any subpart, answer Question 9.
If you answered Question 8 no, answer Question 10.
27
28 10
Case 1:07-cv-00026-OWW-DLB 1
2
Question 9:
Document 384
Filed 06/08/2009
Was Kern County's retaliatory conduct a
substantial factor in causing Dr. Jadwin harm or damage?
3 4
Yes
No
5
6 7
8 9
10 11
12
13 14 15
16 17 18 19 20 21 22 23 24
25
26
Page 11 of 30
Answer Question 10. \
27
28 11
_
Case 1:07-cv-00026-OWW-DLB 1
Question 10:
Document 384
Filed 06/08/2009
Page 12 of 30
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
_
7 8 9
10 11
12 13
14 15 16 17 18 19 20 21 22 23 24
25
If you answered Question 10 yes, answer
26
answered Question 10 no, answer Question 16.
27
28
12
Questio~If you
~~
Case 1:07-cv-00026-OWW-DLB
Document 384
Filed 06/08/2009
Page 13 of 30
•
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- - -
6 7 8 9
10 11 12
13
14 15
16 17 18 19 20 21
22 23 24
25
26
If you answered Question 11 yes, answer Question 12. answered Question 11 no, answer Question 16.
27 28
13
If you
Case 1:07-cv-00026-OWW-DLB
Question 12:
1
2
Document 384
Filed 06/08/2009
Page 14 of 30
Did Kern County discriminate against Dr.
Jadwin based on his mental disability (chronic depression) by:
3
a.
4 5
Removing Dr. Jadwin as Chair of the Pathology
Department?
6 Yes
7
No- - -
8
9 10
b.
Creating a hostile work environment for Dr.
Jadwin?
11
Yes~
12
No- - -
13
14
c.
Failing to renew his employment contract?
15 16
No
Yes - - -
17
18 19
d.
Placing Dr. Jadwin on paid administrative leave on
December 7, 2006?
20 21
Yes - - -
No
22 23 24
If you answered any subpart of Question 12 yes, answer
25
26
Question 13.
27
16.
If you answered all subparts no, answer Question
28
14
Case 1:07-cv-00026-OWW-DLB Question 13:
1
2
Document 384
Filed 06/08/2009
Page 15 of 30
Was Dr. Jadwin's mental condition (chronic
depression) a motivating reason for Dr. Jadwin's:
3
a.
4
Removal as Chair of the Pathology Department?
5 6
Yes
·V
No
_
7
b.
8 9
Creation of a hostile work environment for Dr.
Jadwin?
10 No
Yes
11
---
12 c.
13
Nonrenewa1 of Dr. Jadwin's employment contract?
14 15
Yes
V
No
_
16
d.
17 18
Placement on paid administrative leave on December
7, 2006?
19 20
No
yesL
_
21 22 23 24 If you answered any subpart of Question 13 yes, answer
25
26
Question 14.
27
16.
If you answered all subparts no, answer Question
28 15
Case 1:07-cv-00026-OWW-DLB 1
2
Question 14:
Document 384
Filed 06/08/2009
Page 16 of 30
Was Dr. Jadwin harmed by Kern County's
discrimination based on his mental disability?
3
4
Yes
V
No
_
5 6 7 8 9
10 11
12 13 14 15 16 17 18 19 20 21 22 23 24 25
26
If you answered Question 14 yes, answer Question 15. answered Question 14 no, answer Question 16.
27 28 16
If you
Case 1:07-cv-00026-OWW-DLB
1
Question 15:
Document 384
Filed 06/08/2009
Page 17 of 30
Was Kern County's discrimination based on Dr.
2
Jadwin's mental disability a substantial factor in causing Dr.
3
Jadwin harm or damage?
4 5
No
Yes----.1L'
6
7 8 9
10
11 12 13
14
15 16 17 18
19 20 21
22 23
24 25
Answer Question 16.
26
27 28 17
_
Case 1:07-cv-00026-OWW-DLB
1
Question 16:
Document 384
Filed 06/08/2009
Page 18 of 30
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
a.
5
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 11
12
13 14 15
16 17 18 19
20 21 22 23 24
25
26
If you answered Question 16 yes, answer Question 17. answered Question 16 no, answer Question 20.
27
28
18
If you
Case 1:07-cv-00026-OWW-DLB
1
Question 17:
Document 384
Filed 06/08/2009
Page 19 of 30
Did Kern County fail to provide Dr. Jadwin
2
reasonable accommodation for his mental condition (chronic
3
depression)?
4
5
NO
Yes-----LL"
_
6 7
8 9
10 11
12 13
14 15 16 17 18 19 20 21 22 23
24
25
26
If you answered Question 17 yes, answer Question 18. answered Question 17 no, answer Question 20.
27
28 19
If you
Case 1:07-cv-00026-OWW-DLB 1
Question 18:
Document 384
Filed 06/08/2009
Page 20 of 30
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
No
yes-JL
_
6 7 8 9
10 11
12 13
14 15 16 17 18 19 20 21 22 23 24 25
26
If you answered Question 18 yes,
answer Question 19.
answered Question 18 no, answer Question 20.
27 28 20
If you
Case 1:07-cv-00026-OWW-DLB
1
Question 19:
Document 384
Filed 06/08/2009
Page 21 of 30
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?
5 6
Yes~
No
_
7 8 9
10 11
12 13
14 15 16 17 18 19 20 21 22
23 24
25 26
If you answered Question 19 yes, answer Question 20. answered Question 19 no, answer Question 20.
27
28 21
If you
Case 1:07-cv-00026-OWW-DLB
1
Question 20:
Document 384
Filed 06/08/2009
Page 22 of 30
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 24
If you answered Question 20 yes, answer Question 21.
If you
25
answered Questions 1, 6, 12, 16 and 20 no as to all subparts,
26
sign and return this verdict.
27
subparts of Question 1, 6, 12, and 16 and answered Question 20
28
no, answer Question 21.
If you answered yes to any
22
Case 1:07-cv-00026-OWW-DLB
1
Question 21:
Document 384
Filed 06/08/2009
Page 23 of 30
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 No
5
_
6
7 8 9
10 11
12 13
14 15 16 17 18
19 20 21 22 23 24
If you answered Question 21 yes, answer Question 22.
25
answered Question 21 no and answered yes as to any subpart of
26
Questions 5, 9, 15, and/or 19, answer Question 25.
27
answered Questions 1-5, 6-9, 10-15, 16-19 and/or 20 no, sign and
28
return this verdict. 23
If you
If you
Case 1:07-cv-00026-OWW-DLB
1
Question 22:
Document 384
Filed 06/08/2009
Page 24 of 30
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
_
7
8 9
10 11
12 13
14
15 16 17 18
19 20 21 22 23 24
If you answered Question 22 yes, answer Question 23.
25
answered Question 22 no, and answered yes as to Questions 5, 9,
26
15 and/or 19, answer Question 25.
27
6-9, 10-15, 16-19, and 20-21 no, sign and return this verdict.
28 24
If you
If you answered Questions 1-5,
Case 1:07-cv-00026-OWW-DLB 1
Question 23:
Document 384
Filed 06/08/2009
Page 25 of 30
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
No
Yes-lL
_
6 7 8 9
10 11
12
13
14 15 16 17 18
19 20 21
22 23 24
If you answered Question 23 yes, answer Question 24.
If you
25
answered Question 23 no and answered yes as to Questions 5, 9, 15
26
and/or 19, sign and return this verdict.
27
28 25
• 1
Case 1:07-cv-00026-OWW-DLB Question 24:
Document 384
Filed 06/08/2009
Page 26 of 30
Did Kern County's failure to participate in
2
reasonable good faith interactive process with Dr. Jadwin harm
3
Dr. Jadwin?
4 5
No
Yes-IL
---
6 7 8 9 10 11
12 13
14 15 16 17 18 19 20 21 22 23 24 25
If you answered Question 24 yes, answer Question 25.
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
If you
•
• 1
Case 1:07-cv-00026-OWW-DLB Question 25:
Document 384
Filed 06/08/2009
Page 27 of 30
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
_
6 7
B
9
10 11
12 13
14 15 16
17
1B 19 20 21
22 23 24
If you answered Question 25 yes, answer Question 26.
If you
25
answered Questions 5, 9, 15 and/or 19 no, sign and return this
26
verdict.
27
5, 9, 15, and/or 19 yes, answer Question 26.
If you answered Question 25 no, and answered Questions
2B
27
.
•
'
1
Case 1:07-cv-00026-OWW-DLB
Question 26:
Document 384
Filed 06/08/2009
Page 28 of 30
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?
6
Yes
7
_
8 9
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
Case 1:07-cv-00026-OWW-DLB
1
Question 27:
Document 384
Filed 06/08/2009
Page 29 of 30
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?
4 5
Mental and emotional distress and suffering $
/11
~~~~
_
6 7
8 9
10 11
12 13 14
15
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
16 17 18
;qZ.CO
() ~~~
_
$32./., ~OO $
Ie-' tI, () ~
{)Q/I .. O~
0'0
Do not include in any award of damages, any award for attorneys fees or court costs.
19 20 21 22 23 24
25
?f) .
Sign and return this verdict.
26 27 28 29
Case 1:07-cv-00026-OWW-DLB ~
Document 384
Filed 06/08/2009
, 1
It is certified that our verdicts are unanimous.
2 3
DATED: June
~,
2009.
4 5 6 7 8 9 10 11
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30
Page 30 of 30
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