Walmart must pay almost $35 million to one of its former truck drivers after a California jury found the retailer had falsely accused him of workers’ compensation fraud and wrongfully terminated him.
A San Bernardino County jury this week ordered Walmart to pay driver Jesus “Jesse” Fonseca $25 million in punitive damages, plus $9.7 million for future non-economic losses including enjoyment of life and mental suffering. The jury found that Walmart had falsely accused him of violating its integrity policy under its statement of ethics, attorneys for Fonseca said in a statement to CBS MoneyWatch.
Walmart did not immediately respond to a request for comment.
Fonseca, who worked at Walmart’s Apple Valley distribution center in San Bernardino County for 14 years, was injured when another semi-truck slammed into his Walmart semi-truck from behind during a June 2017 shift for the company, his attorneys alleged in a 2019 lawsuit against the retailer.
He filed a workers’ compensation claim for his injuries, and was instructed by doctors not to push, pull or lift anything over 10 pounds, as well as to stop driving a commercial vehicle. Walmart failed to accommodate these work restrictions, the lawsuit alleges.
Fonseca, who was placed on medical leave, was ultimately terminated, allegedly because Walmart surveilled him and discovered he’d driven a personal vehicle, according to his attorneys. Fonseca understood that he was allowed to drive personal vehicles, and was only restricted from driving commercially.
The evidence in the trial “showed that Walmart’s defamation of Jesse was part of a broader scheme to use false accusations to force injured truckers back to work prematurely or, if not, terminate them so that Walmart can cut down workers’ compensation costs,” said Beverly Hills trial lawyer David M. deRubertis, an attorney for Fonseca.
Another attorney for Fonseca, Mohamed Eldessouky of Eldessouky Law, APC, said in a statement provided to CBS MoneyWatch that the verdict “sends a clear message.”
“If a company decides to question someone’s character and integrity, it must do so carefully and honestly. Walmart should rethink how it treats the hardworking drivers who are the backbone of its business,” Eldessouky said.
