In a wrongful termination action, plaintiff’s lawyer stated in closing argument that plaintiff suffered $44,000 in lost wages for the eight months he was unemployed. This is what the jury’s verdict form said:
“Past economic loss: lost salary $198,000.00
“lost bonuses $ 0
“Past mental suffering, emotional distress $ 0
“Future mental suffering, emotional distress $ 0
“TOTAL $198,000.00”
On appeal, the employer contended the award was excessive. In affirming the award, the appellate court pointed out that argument is not evidence and stated: “Since the jury could reasonably conclude the [job plaintiff got after he was terminated] was inferior, it was reasonable for the jury to not use [plaintiff’s] National wages to mitigate.” (Villacorta v. Cemex Cement (Cal.App. Fourth Dist., Div. 2; December 11, 2013) 221 Cal.App.4th 1425.
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