Free Proposed Form of Verdict - District Court of California - California

Case 5:05-cv-01824-RS

Document 369

Filed 02/18/2008

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E. JEFFREY GRUBE (SB# 167324) [email protected] KERRI N. HARPER (SB# 217377) [email protected] PAUL, HASTINGS, JANOFSKY & WALKER LLP 55 Second Street Twenty-Fourth Floor San Francisco, CA 94105-3441 Telephone: (415) 856-7000 Facsimile: (415) 856-7100 ELIZABETH A. FALCONE (SB# 219084) [email protected] PAUL, HASTINGS, JANOFSKY & WALKER LLP 515 South Flower Street Twenty-Fifth Floor Los Angeles, CA 90071-2228 Telephone: (213) 683-6000 Facsimile: (213) 627-0705 Attorneys for Defendant UNITED PARCEL SERVICE, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

GREGORY NEAL GRIMES, Plaintiff, vs. UNITED PARCEL SERVICE, INC.; and DOE 1 - DOE 10, Defendants.

CASE NO. 5:05-CV-01824-RS UPS'S [FURTHER REVISED] PROPOSED SPECIAL VERDICT FORM

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CASE NO. 5:05-CV-01824-RS
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PROPOSED REVISED SPECIAL VERDICT FORM

Case 5:05-cv-01824-RS

Document 369

Filed 02/18/2008

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1 2 3 Did Plaintiff Gregory Grimes prove by a preponderance of the evidence all of the 4 5 6 7 8 9 4. 10 11 12 13 14 15 16 17 18 Did Plaintiff Gregory Grimes prove by a preponderance of the evidence all of the 19 20 21 22 23 24 4. 25 26 27 28 6. 5. 3. following: 1. 2. That Mr. Grimes had a mental disability; That Mr. Grimes was qualified for his job, with reasonable accommodation if needed; That Mr. Grimes either requested a reasonable accommodation from UPS, or that UPS had notice that Mr. Grimes needed reasonable accommodation; That Mr. Grimes himself engaged in the interactive process in good faith; That UPS failed timely to engage in the interactive process in good faith to determine whether a reasonable accommodation was available for Mr. Grimes's mental condition; That Mr. Grimes was harmed; and -2PROPOSED REVISED SPECIAL VERDICT FORM

I: REASONABLE ACCOMMODATION

following: 1. 2. 3.

That Mr. Grimes had a mental disability; That UPS knew that Mr. Grimes had a mental disability; That Mr. Grimes requested UPS to provide a reasonable accommodation for his disability, or that UPS had notice that Mr. Grimes needed reasonable accommodation; That Mr. Grimes was qualified for his job, with reasonable accommodation if needed;

5. 6. 7.

That UPS failed to provide reasonable accommodation for Mr. Grimes's disability; That Mr. Grimes was harmed; and That UPS's failure to provide reasonable accommodation was a substantial factor in causing Mr. Grimes's harm. Answer: Yes _____ No _____

II: THE INTERACTIVE PROCESS

CASE NO. 5:05-CV-01824-RS
LEGAL_US_W # 58230419.1

Case 5:05-cv-01824-RS

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7.

That UPS's failure to engage in the interactive process was a substantial factor in causing Mr. Grimes's harm. Answer: Yes _____ No _____

III: DAMAGES [IF APPLICABLE]

[Answer only if you answered "Yes" in part I ] What economic loss did Plaintiff suffer from UPS's failure to provide reasonable accommodation? a. Past economic loss, including lost earnings and benefits that are

attributable to UPS's failure to reasonably accommodate Plaintiff, and not to other factors, less reasonable mitigation. b. $__________________ Future economic loss, if any, including lost earnings and benefits that are

attributable to UPS's failure to reasonably accommodate Plaintiff, and not to other factors, less reasonable mitigation. $__________________

[Answer only if you answered "Yes" in parts I or II] What is the dollar value of emotional distress damages Plaintiff suffered due to UPS's failure to provide reasonable accommodation and/or failure to engage in the interactive process, and not due to other causes? $_________________.

Please date, sign and return this Verdict Form.

Dated: _______________Signed: 24 25 26 27 28
CASE NO. 5:05-CV-01824-RS
LEGAL_US_W # 58230419.1

___________________________________ FOREPERSON

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PROPOSED REVISED SPECIAL VERDICT FORM