Roby v. McKesson Corp. 12/26/06 CA3

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: C047617

Case Date: 04/18/2007

Preview:Filed:

12/26/06

CERTIFIED FOR PARTIAL PUBLICATION*

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Yolo) CHARLENE J. ROBY, Plaintiff and Respondent, v. MCKESSON HBOC et al., Defendants and Appellants. C047617, C048799 (Super. Ct. No. CV01573)

APPEAL from a judgment of the Superior Court of Yolo County, Timothy L. Fall, Judge. Affirmed as modified. Howard Rice Nemerovski Canady Falk & Rabkin, Jerome B. Falk, Jr., Linda Q. Foy, Jason M. Habermeyer; Fitzgerald, Abbott & Beardsley and Sarah E. Robertson for Defendants and Appellants McKesson Corporation and Karen Schoener. Riegels Campos & Kenyon and Charity Kenyon; Christopher H. Whelan; The deRubertis Law Firm and David M. deRubertis for Plaintiff and Respondent.

*

Pursuant to California Rules of Court, rules 976 and 976.1, only the introduction, the Factual Background, the Procedural History, part III of the Discussion and the Disposition of this opinion are certified for publication. 1

Plaintiff Charlene J. Roby was a stellar employee of defendant McKesson HBOC, Inc. (McKesson)1 for 25 years until she developed panic disorder in 1998, which caused her to start missing substantial time from work. Two years later, McKesson

fired Roby for abusing its attendance policy, although many of her absences were attributable to her psychiatric disability. The jury "threw the book" at McKesson. It awarded Roby

millions of dollars in compensatory damages for wrongful discharge in violation of public policy, as well as harassment, disparate treatment, and discrimination/failure to accommodate under the California Fair Employment and Housing Act (FEHA) (Gov. Code,

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