Roach v. Transwaste, Inc.
Case Details
- Judge(s)
- Robinson; McDonald; D’Auria; Mullins; Ecker; Alexander
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- appeal from trial court judgment affirming jury verdict
Related Laws
No specific laws identified for this ruling.
Claim Types
Outcome
Plaintiff prevailed in wrongful termination and retaliation claim after raising safety complaints as a commercial truck driver. Jury awarded $24,288 in lost wages damages, which the trial court upheld against defendant's motion for remittitur.
Excerpt
The plaintiff sought to recover damages from the defendant for the allegedly wrongful termination of his employment, in violation of public policy and the statute ((Rev. to 2015) § 31-51q) prohibiting an employer from retaliating against an employee for exercising constitutionally protected speech. The plaintiff, who had been employed by the defendant as a commercial truck driver, alleged that the defendant terminated his employment after he raised complaints concerning the safety of its vehicles. At trial, the plaintiff testified that, following the termination of his employment, he was out of work for approximately 6 months, the defendant had paid him at a rate of 46 cents per mile, he had driven a little more than 2000 miles per week, and he had driven approximately 230,000 miles during his 2 years with the defendant. The plaintiff's testimony was the sole evidence presented with respect to his lost wages, and the defendant offered no evidence to impeach his testimony. The jury returned a verdict for the plaintiff and awarded him $24,288 in damages for lost wages. The jury interrogatories indicated that the jury had found that the plaintiff was owed wages corresponding to 2200 miles per week at a rate of 46 cents per mile for a period of 24 weeks. The defendant filed a motion for remittitur, seeking to reduce the dam- ages award to zero. The defendant asserted that there was no evidence to support the damages award because the plaintiff had failed to provide tangible evidence or to testify with sufficient specificity as to his lost wages. The trial court denied the defendant's motion for remittitur, concluding that the plaintiff had presented sufficient evidence to support the damages award and that, in light of the specific figures in the jury interrogatories, the award was a reasonable estimate of the plaintiff's lost wages. The trial court thereafter rendered judgment for the plaintiff in accordance with the jury's verdict. The plaintiff appealed and the defen
What This Ruling Means
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