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    Walmart driver awarded US$35m in defamation case against retailer

    来源:https://www.shippingazette.com/    编辑:编辑部    发布:2024/12/06 08:53:19

    A CALIFORNIA-BASED driver for Walmart has been awarded US$34.7 million in a lawsuit in which he alleged the giant retailer had defamed and discriminated against him after he suffered an injury while on the job.


    Jesus "Jesse" Fonseca had been a driver out of Walmart's distribution centre in Apple Valley, California. That city is in San Bernardino County in the area known as the Inland Empire.

    It was a jury in San Bernardino County that handed down the award; the lawsuit originally had been filed in federal court, reports New York's FreightWaves.

    "We believe the evidence at trial showed that Walmart's defamation of Jesse was part of a broader scheme to use false accusations to force injured truckers back to work," attorney David deRubertis, who represented Fonseca, said in a prepared statement.

    "Hopefully, this historic verdict will be the beginning of change from Bentonville," he added, referring to the Arkansas headquarters of Walmart.

    The award broke down as $25 million in punitive damages and $9.7 million for future and past economic and noneconomic losses.

    Walmart issued a statement about the outcome: "This outrageous verdict simply does not reflect the straightforward and uncontested facts of this case. Accordingly, we will pursue all available remedies."

    According to both the initial complaint and the prepared statement released by Mr deRubertis' law firm, Fonseca's conflicts with Walmart began in June 2017, when he was rear-ended while driving a Walmart truck.

    As a result of his injuries, Fonseca was restricted in his duties at Walmart, though he did continue to work. Restrictions recommended by his doctor included weight limitations on what he could pull and push, as well as no commercial driving.

    "All of these restrictions were properly communicated to [Walmart]," according to the initial complaint. "[Walmart] failed to accommodate plaintiff's each and every request for accommodations."

    "Mr Fonseca specifically requested to be allowed to work modified duties and inquired about being placed in an office position where he could perform desk duty or any other position that could accommodate his restrictions," the original lawsuit said, noting he had in the past done office work.

    At the end of January 2018, according to the lawsuit, Mr Fonseca was told there was a report of fraud. At issue was the fact that Mr Fonseca had been seen driving a vehicle - which Mr Fonseca said was his personal car, not a commercial vehicle - "and that his restrictions provided that he could not drive." Two months later, he was fired.