In the case of Community Hospital of the Monterey Peninsula v. McGregor, filed in the Court of Appeal of the State of California, Sixth Appellate District, under case ID H049918 and H050120 on April 10, 2024, plaintiff Daisy McGregor alleges wrongful termination due to age discrimination and retaliation by her employer, defendants Community Hospital of the Monterey Peninsula and Montage Health (collectively referred to as "Hospital"). The initial trial concluded with a jury verdict awarding McGregor $45,000 in noneconomic damages and $18,000 in economic damages. However, a post-trial motion for judgment notwithstanding the verdict (JNOV) partially granted by the court reduced these economic damages. McGregor's subsequent motion for a new trial was denied.
McGregor had been employed by the Hospital for over 20 years as a physical therapist assistant when she was discharged on grounds of chronic performance issues. She asserts that her termination was actually due to age discrimination and retaliation. After a jury trial, she was awarded $63,000 in total damages ($45,000 noneconomic and $18,000 economic), but this amount was later reduced after the Hospital's JNOV motion.
McGregor seeks reinstatement of her full awarded damages from the initial jury verdict. The Hospital appeals from the order partially granting its JNOV motion while McGregor cross-appeals on grounds that the trial court committed reversible error regarding denial of her motion for new trial among other pretrial orders.