David Burkett Obtains Dismissal at Trial for SMUD After Plaintiff Agrees to Drop the Case Halfway Through Cross-Examination

This case was brought by a former Sacramento Municipal Utility District employee who was terminated for misconduct. He claimed he was subjected to racial harassment, discrimination and retaliation. The court granted summary adjudication of the harassment claim, but found disputed facts on the remaining claims and sent the matter to trial. In his opening statement the plaintiff’s attorney told the jury his client was seeking $800,000 in damages.  David Burkett, representing SMUD, began cross-examining the plaintiff on the sixth day of trial. The plaintiff offered to dismiss his case for a waiver of costs before the cross-examination ended. Associate Attorney Harmony Kessler assisted with the defense.  The case is Jones v. Sacramento Municipal Utility District, Sacramento County Superior Court Case No. 34-2012-00125615.