Man awarded Rs 3.4 crore in damages over unwanted birthday party that gave him panic attacks


Team Udayavani, Apr 18, 2022, 10:19 AM IST

A party is an invitation-only social gathering of invited guests that usually includes food, drink, and entertainment.

A surprise party is a party that is planned in secret and not revealed until the guest of honor arrives.

An undesired party, on the other hand, is a social event that an individual or group of individuals does not want to attend.

It’s crucial to understand the distinction because this narrative is about a person who has most likely become wealthier overnight as a result of a party.

People of all ages like parties, including the elderly, children, and even adults. There are situations, however, when a person is not mentally or physically prepared to attend social gatherings but is forced to do so without their consent.

The majority of the time, such social settings pass without incident. However, this was not the case for a Kentucky-based employee who was granted $4,50,000 (Rs 3.4 crore) in damages after suing his employer in the aftermath of a surprise birthday celebration.

Berling’s appeal was not taken seriously by the corporation, and the celebrations went on as planned. He had a panic attack as a result of this.

To make matters worse, according to court filings, he was reprimanded by his boss the next day for “stealing his coworkers'” joy and “being a little girl.”

Berling, who had worked with the company since October 2018, had another panic attack and was asked to leave. Gravity Diagnostics fired him a few days after the celebration, according to court filings.

Following the chain of events, Berling filed a lawsuit against his former employers, alleging disability discrimination.

“The way [the Gravity Diagnostics employees] say it, they believed he was enraged and possibly about to get violent. Basically what the argument was is he was fired for having a panic attack. They made assumptions that he was dangerous based on his disability and not off of any evidence that he was violent,” said Berling’s attorney, Tony Bucher, in court.
For a long time, both parties were arguing. After two days of deliberation, the jury in Kenton County found in favour of Berling.
The court awarded him $3,00,000 in emotional distress and $1,50,000 in lost pay, according to reports.
Is the corporation liable for the damages?
No, Gravity Diagnostics has appealed the decision.

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