Friday, September 16, 2011

Bus driver fired for performance trouble 383

Premises Liability is another area of
Harris v City of Santa Monica 181 Cal.App.4th 1094 (2010) (2/8) At-will employee bus driver fired for some performance problems but also while she was Trial court refused BAJI 12.26 mixed-motive defense instruction, givinginstead CACI 2500 which omits any mixed-motive factor. Error. Mixed-motive defenses is still good law. [2] JNOV properly denied, where some evidence showed other drivers w/ questionable records not fired, plus some positive performance-review comments, would permit jury to find firing motivated by pregnancy.San Diego personal injury attorney.


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