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Sports columnist: Management critical of him after mini-stroke

Amount:

$7,130,000

Type:

Verdict-Plaintiff

State:

California

Venue:

Los Angeles County

Court:

Superior Court of Los Angeles County, Los Angeles

Injury Type(s):

mental/psychological-emotional distress

Case Type:

Employment – Age Discrimination, Constructive Discharge, Disability Discrimination

Case Name:

T.J. Simers v. Tribune Company, Tribune Media Net Inc., Tribune Interactive, Los Angeles Times, Los Angeles Times Communications LLC, Marc Duvoisin, Davan Maharaj, Frank McCourt, and Does 1 to 100,
No. BC524471

Date:

November 4, 2015

Parties

Plaintiff(s):

T.J. Simers (Male, 63 Years)

Plaintiff Attorney(s):

Carney R. Shegerian;
Shegerian & Associates;
Santa Monica,
CA,
for
T.J. Simers

Defendant(s):

Davan Maharaj, 

Frank McCourt, 

Marc Duvoisin, 

Tribune Company, 

Los Angeles Times, 

Tribune Interactive, 

Tribune Media Net Inc., 

Los Angeles Times Communications LLC

Defense Attorney(s):

Linda C. Miller-Savitt;
Ballard Rosenberg Golper & Savitt LLP;
Glendale,
CA,
for
Davan Maharaj, Frank McCourt, Marc Duvoisin, Tribune Company, Los Angeles Times, Tribune Interactive, Tribune Media Net Inc., Los Angeles Times Communications LLC ■ Emilio G. Gonzalez;
Davis Wright Tremaine LLP;
Los Angeles,
CA,
for
Davan Maharaj, Frank McCourt, Marc Duvoisin, Tribune Company, Los Angeles Times, Tribune Interactive, Tribune Media Net Inc., Los Angeles Times Communications LLC

Facts:

In August 2013, plaintiff T.J. Simers, 63, a sports columnist for the Los Angeles Times, met with Editor Davan Maharaj and Managing Editor Marc Duvoisin about a video interview with an NBA player during which Simers allegedly practiced unethical behavior. As a result, Simers was served a "final written warning" and allegedly told that he could only stay at the paper if he accepted a demotion from columnist to reporter and admitted to the ethical breach. However, Simers refused the demotion, and he claimed he was forced to resign from his position. Simers sued Maharaj; Duvoisin; and the operators of the newspaper, the Tribune Co., Tribune Media Net Inc., Tribune Interactive, the Los Angeles Times, and Los Angeles Times Communications LLC. Simers also sued the owner of the Los Angeles Dodgers, Frank McCourt. Simers alleged that the actions of Maharaj, Duvoisin, and the operators of the Los Angeles Times constituted age and disability discrimination and that the defendants constructively discharged him. He also alleged that the defendants forced him out of his position to silence his criticism of McCourt, who was friends with the publisher of the Los Angeles Times. The matter ultimately continued against Los Angeles Times Communications only. Simers, who suffers from complex migraine syndrome, contended that he had a 22-year track record of only positive performance reviews at the Los Angeles Times, but that in 2013, he collapsed from what was then diagnosed as a transient ischemic attack, or mini-stroke, while on the job. He claimed that after his collapse, he was discriminated against based on his age and disability and that he was served a "final written warning" in August 2013, just months after he suffered the mini-stroke, despite never being previously given any critical performance reviews. Simers also contended that after his collapse, support from management decreased, his column was reduced, and he was suspended for the alleged ethical breaches. He further contended that he was targeted for a false policy violation and an investigation started in an attempt to force him out of his position in favor of younger, lower-salaried employees. Thus, Simers claimed that he was ultimately forced to resign. Defense counsel argued that prior to being issued the final written warning, Simers was repeatedly spoken to about the tone and content of his columns, and asked to improve his grammar. Counsel also argued that asking Simers to write fewer columns a week did not qualify as a big demotion. However, defense counsel contended that the paper wanted to keep Simers on staff and that it did not terminate him or force him to quit. Thus, counsel argued that Simers left on his own.

Injury:

Simers worked for the Los Angeles Times for 23 years, the last 13 of which he was a featured "Page Two" columnist, and he continued to produce his popular column despite his health issues. Simers claimed that during the time of employment with the Los Angeles Times, he received 22-years of praise on his merits. He further claimed that before he resigned, he was told by the paper that there were concerns about his reporting and interviewing style. However, Simers claimed that across two decades, he had never been previously warned of such complaints. A number of high profile sports personalities testified on Simers’ behalf, including Tommy Lasorda and Garrett Anderson. Simers claimed that he suffered emotional distress as a result of his treatment by the Los Angeles Times. He also claimed that although he was eventually hired by the Register, the Los Angeles Times’ competitor in Orange County, he made less at that publication. Allegedly, Simers made $234,000 a year at the Los Angeles Times, but only made $190,000 a year at the Register. Thus, Simers sought recovery of economic and non-economic damages for his loss of earning and emotional distress.

Result:

The jury returned a verdict for Simers on the claims of both age discrimination and disability discrimination. The jury ultimately determined that Simers’s damages totaled $7.13 million.

T.J. Simers: $2,130,000 Personal Injury: economic damages; $5,000,000 Personal Injury: emotional distress damages

Trial Information:

Judge:

William A. MacLaughlin

Editor’s Comment:

This report is based on information that was gleaned from an article that was published by LA Observed and an interview of plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.