Verdict: Duda, M.D., Francis J. vs. Baystate Medical Practices, Inc. Formerly Known As Baystate Medical Education and Research Foundation, Inc.

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                                J

i

be - HAMPDEN COUNTY
SUPERIOR COURT

TILED

COMMONWEALTH OF MASSACHUSETTS JUN 18 2018

Hampden, ss. Superior Court Depart
of the Trial Court ‘CLERK OF CBURTS

Civil Action No. 15-679

FRANCIS J. DUDA, M.D.
Plaintiff

vs.
SPECIAL VERDICT FORM
BAYSTATE MEDICAL PRACTICES,
INC., f/k/a BAYSTATE MEDICAL
EDUCATION AND RESEARCH
FOUNDATION, INC.

Defendant

wee SS SS SS SY

PartA

AGE DISCRIMINATION
Question 1. Did Dr. Duda prove to you by a preponderance of the evidence that he
was performing his job at an acceptable level?
YES NO
If your answer to Question 1 is “NO,” go to Part B. If your answer to Question 1 is

“YES,” continue with Question 2.

Question 2. Did Dr. Duda prove to you by a preponderance of the evidence that Baystate

Medical Practices (“BMP”) terminated Dr. Duda’s employment on the basis of his age

(70)?. LA
YES NO

Continue to Part B.

oRPart B

HANDICAP DISCRIMINATION

 

Question 3. Did Dr. Duda prove to you by a preponderance of the evidence that he was a
qualified handicapped person capable of performing the essential functions of his job
either with a reasonable accommodation or without a reasonable accommodation?
YES NO
If your answer to Question 3 is “NO,” go to Part C. If your answer to Question 3 is

“YES,” continue with Questions 4 and 5.

Question 4. Did Dr. Duda prove to you by a preponderance of the evidence that BMP
‘was aware of the handicap, and was aware that Dr. Duda needed a reasonable
accommodation to perform his job or that Dr. Duda requested a reasonable

accommodation;

YES x NOW

Question 5, Did Dr. Duda prove to you by a preponderance of the evidence that BMP

terminated his employment because of his cerebral palsy?

YES_Y NO

Continue to Part C.Part C

If your answer to any question in Part A is “NO,” and your answer to question 3, in
Part B is “NO,” go Part D. If your answer to either Question 2 or Question 5 is “YES,”
continue with Question 6.
DAMAGES
Lost Earnings
Question 6. If your answer to either Question 2 or Question 5 is “YES,” state the amount
which would compensate Dr. Duda for any loss of earnings caused by the termination of
his employment by BMP.

he nundred : seventy Five thousand,

+wo hundye A fo the prone dollars and _€ igh teyHyrece cents
(write out in words)
$5 le F3

(write in fumbers)

Front Pay
elundred Nine Seven dollars and Awenky Ai v4 cents
(write out in words) A } Ave nunded
eiqnr
197, 52¢.

(write in numbers)

Continue to Question 7.Emotional Distress
Question 7. If your answer to either Question 2 or Question 5 is “YES,” state the

amount of money that would fairly and reasonably compensate Dr. Duda for emotional

distress, if any, caused by BMP’s termination of his employment.

Z erp . dollars and_ 7 eye

cents
(write out in words)

$

(write in numbers)
If your answer to Question 3 in Part B is “NO,” go Part D. If your answer to Question

5 is “YES,” continue with Question 7.

Punitive Damages
Question 7. If your answer to Question 5 is “YES,” do you find that punitive damages
are needed to deter conduct like BMP’s toward qualified handicapped individuals or that
BMP’s conduct was so outrageous and egregious that it warrants public condemnation?

YES _ YV NO

If your answer to Question 7 is “NO,” go to Part D. If your answer to Question 7 is

“YES,” continue with Question 8.

Question 8. If your answer to Question 7 is “YES,” what amount of punitive damages

STA jone Wundred. forty-six thous

agin hundizd ond develvd dollars and iidy-tignt cents

(write out in words)

46,812 .

(write in numbers)

Continue to Part D.Part D
CERTIFICATION

I certify that each of the questions answered above was answered by at least twelve (12) of the
fourteen (14) jurors.

Wo. @saQe

Foreperson Date