Trial Magazine

For more than 15 years, Hugo Lizarraga, 40, worked as a warehouse employee at Loma Linda University Medical Center. After Lizarraga converted to Islam, his supervisor, Jerry Strode, began to harass and discriminate against him, including calling him a terrorist and referring to him using various racial epithets. The warehouse manager, Jose Gonzalez, laughed at Strode’s behavior and ignored Lizarraga’s complaints. Strode was investigated multiple times for alleged harassment but received no disciplinary action.

Lizarraga suffered several workplace injuries during his tenure, including a herniated disk and shoulder damage. When placed on temporary assignment away from Strode and Gonzalez, he complained to human resources, which conducted an investigation and recommended that Gonzalez and warehouse workers undergo training.

Lizarraga returned from his temporary work assignment and was placed under the supervision of Gonzalez, who overloaded him with physical work. ­Lizarraga reinjured his back. Additionally, a coworker allegedly made an anonymous complaint intimating that Lizarraga was sympathetic to the bad actors in the San Bernardino shooting and was making terrorist threats.

Lizarraga was placed on administrative leave and was subsequently fired, although the local sheriff’s department closed its investigation of Lizarraga after one day. He had earned approximately $30,000 annually and has been unable to find alternate employment.

Lizarraga filed suit against Loma Linda University Medical Center, alleging wrongful termination. Suit did not claim past medical expenses.

The jury awarded approximately $3.25 million.

Citation: Lizarraga v. Loma Linda Univ. Med. Ctr., CIVDS 1615889 (Cal. Super. Ct. San Bernardino Cnty. Nov. 27, 2018).

Plaintiff counsel: Todd H. Harrison and Brennan S. Kahn, both of Long Beach, Calif.

Plaintiff experts: Anthony Reading, counseling, Beverly Hills, Calif.; and Phillip Sidlow, vocational rehabilitation, Los Angeles.