A San Diego County jury has awarded $2.335 million to a former property management
employee who alleged he was fired after suffering a serious back injury on the job, and
requesting accommodation.
The verdict, returned in San Diego Superior Court, found that Sullivan Properties, Inc., was doing business.
Business as Fairgrove Property Management discriminated against Edgar Figueroa becauseBecause
of his disability, retaliated against him for seeking accommodation, and failed to engage in
The interactive process required under California’s Fair Employment and Housing Act
(FEHA).
Figueroa, described during the trial as a dedicated and reliable employee, injured his lower
back while moving a desk at the direction of Fairgrove’s head of human resources.
According to court testimony and documents presented to the jury, the injury was severe
enough to qualify as a disability under state law.
Evidence at trial showed that while Figueroa was on his way to the emergency room, the
same HR executive began searching for documentation to justify terminating him for
performance-related reasons. When no such documentation could be found, Figueroa’s legal
team argued that the company leadership created records to suggest his position had already
been slated for elimination before his injury.
After the incident, Figueroa notified his employer of his condition and submitted a doctor’s
note restricting him from lifting more than 15 pounds. He also requested to work remotely
until he regained mobility. Instead of engaging in a good-faith interactive process to
determine a reasonable accommodation, his attorneys argued, the company moved toward
termination.
During the trial, Fairgrove’s head of HR admitted to providing false testimony in the
litigation. Meanwhile, the company’s CEO testified that Fairgrove handled the situation
“flawlessly.”
The jury awarded Figueroa $35,000 in lost wages, $1 million in emotional distress damages,
and $1.3 million in punitive damages. In addition, Fairgrove will be responsible for paying
his attorney’s fees and costs, which are expected to push the total recovery above $3.3
million.
“Edgar is a hard worker who was willing to do anything that Fairgrove asked, and the
company was happy to have him on board until he became disabled, at which time
Fairgrove’s leadership decided to discard him,” said attorney Zak Franklin of Franklin Law
PC. “Fairgrove’s CEO was hostile throughout the trial, even on breaks, but the jury saw the
truth all along. I’m so proud of Edgar for enduring this awful treatment, and grateful that the
jury awarded him the justice he deserves.”
The case is Edgar Figueroa v. Sullivan Properties, Inc. d/b/a Fairgrove Property.
Management, San Diego Superior Court, Case No. 37-2024-000012929-CU-WT-CTL.
