Davis|Stibor was retained to represent a crane company that was sued for wrongful termination. According to the complaint, in March 2012, Plaintiff was severely injured when he slipped and broke his hip while working on a crane at the Defendant’s yard. After several weeks in the hospital, Plaintiff returned to work and was placed on light duty. Shortly after returning to work, Plaintiff retained an attorney. In late 2012, Plaintiff’s attorney filed a worker’s compensation claim. After receiving notice of the claim, Davis|Stibor’s client told all of its workers there would be no work for several days while it obtained a worker’s compensation insurance policy. During this time, Plaintiff claimed that he called the Defendant several times asking when work would resume. Plaintiff claimed that the Defendant ignored his calls, and never called him back to work because he made a worker’s compensation claim. Plaintiff filed a complaint alleging wrongful termination, defamation and sought punitive damages from Davis|Stibor’s client.
During his deposition, Plaintiff testified that he had two vehicles, a car and truck, and during six years of employment, he always kept the truck at Defendant’s yard. Plaintiff also testified that when he was informed there would be no work for several days, he removed the truck from the yard. When asked why he removed the truck, Plaintiff admitted that he thought he was being terminated. Plaintiff then testified that Davis|Stibor’s client never told him he was fired, but rather, he assumed he was terminated.
After obtaining this testimony, and confident that it would prevail, Davis|Stibor’s client offered to settle the case for a nominal payment to avoid a time consuming trial. Plaintiff rejected the offer, and the case went to trial. After presenting its defense, which included cross-examination based on Plaintiff’s deposition testimony, Davis|Stibor’s client obtained a decision in its favor on all of Plaintiff’s claims.
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