Seever

Seever v. Copley Press, Inc.

Bad Law
141 Cal. App. 4th 1550·47 Cal. Rptr. 3d 206
Court of Appeal of CaliforniaAugust 22, 2006B180062California4,124 words

Opinion

Opinion

Woods, J.

INTRODUCTION

Plaintiff/appellant, Michael C. Seever (Seever), appeals from an adverse judgment following a jury trial and from postjudgment orders awarding costs of suit to defendant/respondent, Copley Press, Inc. (Copley). Seever contended at trial that Copley’s termination of his 18-year employment was motivated by age (50 years) and disability (shoulder injury) discrimination and further Copley failed to provide a reasonable accommodation. Copley defended on the basis that Seever’s termination, with 17 other people, was dictated by business necessity because the Daily Breeze was losing money as demonstrated by a projected loss of more than $2 million in 2001 alone.

For the reasons hereafter given, we affirm the judgment but reverse the postjudgment orders in part and remand for further proceedings.

FACTUAL AND PROCEDURAL SYNOPSIS

Seever’s employment at the Daily Breeze.

The Daily Breeze is a daily newspaper located in Torrance, California, and serves the south bay area of the County of Los Angeles. Seever worked in the maintenance department and was responsible for facilities maintenance, air conditioning, minor electrical and remodeling jobs, painting and…

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