Hon. Thomas P. Nugent, Ret.

Discrimination

• Mediated an employment dispute involving a wrongful termination claim based on the employer’s alleged failure to accommodate the plaintiff’s physical disability.
• Mediated an employment law dispute involving allegations of retaliation and ethnic discrimination.
• Mediated an employment law matter involving claims of sexual harassment and constructive discharge by a bartender who alleged the owner's conduct compelled her to resign.

Coverage

• Mediated a federal court case involving interpretation of an insurance contract, with a pending motion for summary judgment. Resolution was driven by the carrier’s failure to reserve rights before defending the insured, followed by withdrawal of representation.

Property Damage

• Mediated a property damage dispute arising from a wildfire that originated on adjacent land and destroyed trees. Key issues included the applicability of Civil Code Section 3346 (permitting double or treble damages) versus Health & Safety Code provisions, and the appropriate measure of damages—diminution in value versus cost of repair. Additional claims involved loss of use and an unpled trespass claim related to mistaken ownership of the affected land.

Medical

• Mediated a child abuse case involving allegations of sexual molestation. The matter settled in the six-figure range following an initial seven-figure demand.
• Mediated a medical malpractice case involving allegations of sexual misconduct. The matter followed a Board of Medical Quality Assurance hearing, after which the physician relinquished his medical license.
• Mediated a medical malpractice wrongful death case involving a middle-aged woman whose bowel was perforated and the injury undetected during a laparoscopic procedure. Plaintiffs included the decedent’s husband and two adult children.

Landlord/Tenant

• Mediated a contract dispute between two unrepresented parties originally from Serbia involving multiple agreements valued well into seven figures, with conflicting evidence regarding the terms of their arrangement.

Elder Abuse

• Arbitrated a case involving claims of elder abuse and negligence against an assisted living facility and its management company. The matter involved demurrers and motions to strike. The forthcoming ruling denies the motions as to the facility but sustains those challenging the elder abuse claim against the management company.

General Negligence

• Mediated a school injury case involving a wheelchair-bound special needs child who was pushed down a five-step staircase by another special needs student. A teacher had previously warned about the classroom’s unsafe proximity to the stairs. Liability was largely undisputed; the primary issue was the extent of damages, which appeared minimal.
• Mediated a case involving claims of negligent handling of a corpse, brought by surviving family members who alleged damage to the decedent occurred during or shortly after delivery to the funeral parlor. A cross-complaint was filed against insurance agents and carriers for failure to obtain or provide coverage. Key issues included the duties of insurance brokers, enforceability of policy exclusions, and allegations of bad faith in the denial of coverage and refusal to defend.

PI Auto

• Mediated a personal injury case arising from a three-vehicle collision, where the plaintiff rear-ended another vehicle and was then struck by a third-party truck. The central issue was the valuation of the plaintiff’s injuries, including a projected eight-figure estimate for future medical care.
• Arbitrated a motor vehicle accident case involving head injuries, where the claimant alleged tinnitus. Although five expert opinions and supporting records failed to substantiate the tinnitus claim, the evidence established a hearing impairment, warranting an award of general damages.