Worker prohibited from delivering to store: Interference with prospective economic advantage: Emotional distress: Verdict

Law Reporter, Aug 1999

Watson v. Ralphs Grocery Co., Cal., San Diego County Super. Ct., No. SB 1919, Aug. 19, 1998.

Watson delivered products to Ralphs grocery stores as part of his job. Ralphs instituted a policy prohibiting deliveries from any individual who made three or more delivery mistakes in one year. It then sent Watson's employer a letter saying he had made four mistakes and requesting that he stop delivering products to its stores. Watson's employer contacted Ralphs twice to explain that some of the reported "mistakes" had not actually been errors and that Watson would be fired if he could not deliver products to Ralphs grocery stores.

Ralphs refused to lift the ban, and Watson's employer fired him. Watson accrued $550 in lost wages.

Watson sued Ralphs, alleging ( 1 ) intentional and negligent interference with prospective economic advantage, (2) state law violation of his property rights, and (3) negligent infliction of emotional distress. Plaintiff alleged he had made only one error and that on the other three occasions the correct product amounts had been delivered to the store.

Defendant argued that plaintiff's employer could have assigned him another delivery route instead of terminating his employment.

The jury awarded about $762,600. The award was reduced 10 percent for the employer's liability.

Plaintiff's expert was Arthur Brodshatzer, economics, San Diego, Cal.

Defendant's expert was Michael P. Ward, economics, Santa Monica, Cal.

Plaintiff's Counsel:

*Thomas L. Tosdal, San Diego, Cal.

[Documents in this case are available through the Court Documents section in the back section of this issue, courtesy of Mr. Tosdal.]