Jury Award Of Economic Damages Reversed.

In a whistleblower retaliation lawsuit brought by a deputy sheriff under Labor Code section 1102.5 (b), the jury returned a special verdict in the deputy’s favor, awarding $4,506,015 in damages, $2,006,015 in lost earnings ($806,041 in backpay and $1,199,974 in future lost income), and $2,500,000 in non-economic damages. On appeal, the County contended there were numerous errors, too long to list here. The appellate court affirmed in part and reversed the award of damages in part, stating there is no substantial evidence to support the jury’s award of economic damages. Regarding backpay, the appellate court stated the County established the deputy took medical leave before he was terminated. Regarding future lost wages, the appellate court found the award was speculative “because there is no evidence to show with a reasonable degree of medical certainty that had [the deputy] undergone disk fusion surgery he could have returned to work and performed the duties of a deputy sheriff.” (Hager v. County of Los Angeles (Cal. App. Second Dist., Div. 3; August 5, 2014) (As mod. Aug. 19, 2014) 228 Cal.App.4th 1538, [176 Cal.Rptr.3d 268].)