California appellate court upholds $7 million award to fired salesman whose personal laptop was tampered with by company
Trealoff v. Forest River, Inc. (Cal. App. Oct. 6, 2011)
Decision: official; Leagle. Background here and here.
Opinion by Justice Thomas E. Hollenhorst
Successful RV salesman was fired by the defendant, which as part of the firing seized his personal laptop for several hours and deleted and/or copied huge numbers of files thought to be connected to his work. The salesman sued for conversion, intentional infliction of emotional distress, and fraud (related in part to the company having cheated him out of past commissions). He recovered $2.55 million in compensatory damages, $1 million in attorneys’ fees, and $7 million in exemplary damages (remitted from $15 million). The appellate court upheld the exemplary award as not excessive.
Brian J. Hennigan, Joseph M. Lipner, and Mark A. Kressel for plaintiff
George S. Howard, Jr., Brian M. Hoffstadt, Erica L. Reilley, and Michaesl C. Terrell for defendants