Jury Award Reinstated for Worker

A state appeals court, reversing a lower court ruling, has reinstated an $870,000 jury award to a former Amplicon Inc. employee who alleged that the Santa Ana company’s top executive struck him and dragged him out of an office during an argument.

The 4th District Court of Appeal said the former worker, J. Scott McFetters, can accept the money or opt for another trial before a different Orange County Superior Court judge.

After a jury awarded $870,000 to McFetters, Superior Court Judge David Brickner declared the award a “gross egregious injustice,” slashing the amount to $5,000.

McFetters filed a lawsuit in 1995 alleging that he had been wrongfully terminated from the computer leasing firm after months of physical abuse and intimidation by Patrick E. Paddon, the company’s chief executive.

The suit also alleged breach of contract, false imprisonment, and assault and battery. All but the assault and battery allegations were dismissed early in the trial, however.

The appellate court ruled that Brickner was in error in dismissing the other allegations, adding that they would be included if McFetters chooses a new trial.

Amplicon officials on Monday expressed disappointment with the ruling, insisting that McFetters’ allegations are “completely without merit.” The company will await McFetters’ decision before deciding its next move.

The flare-up occurred in July 1994 after Paddon overheard McFetters complaining to a co-worker about a new commission structure. Paddon “became enraged . . . lunged at him, grabbing him forcibly and hitting him, shaking him and dragging him out of his office,” according to court records.

The suit contended that McFetters, a Newport Beach resident, continued to be tormented “physically and emotionally” after the incident.

Brickner said he reduced the damages because there was no physical injury, no medical bills, no lost income and “no credible testimony about emotional distress.” The judge said he believed McFetters did not suffer anything more than “a bruised ego, anger and embarrassment.”

The appellate judges disagreed and criticized Brickner.

“Various comments made by the judge during the course of the trial would cause a reasonable person to question whether he appreciated the seriousness of the conduct at issue,” wrote presiding Justice David Sills.

McFetters could not be reached for comment Monday.