AP&S represented Home Depot and two of its employees, Pedro Figueroa and Pedro Garcia, in a lawsuit filed against them by a former bookkeeper, Lorraine McHugh. After she was terminated by Home Depot in 2015, Ms. McHugh filed a complaint alleging negligence, defamation, false imprisonment, breach of implied covenant of good faith and fair dealing, and intentional and negligent infliction of emotional distress. AP&S successfully defeated the negligence, breach of implied covenant of good faith and fair dealing, and intentional infliction of emotional distress claims on summary judgment prior to trial.
After lengthy and contentious discovery and depositions, the case was tried in Worcester Superior Court by AP&S Shareholder Kelly Martin Malone, who was assisted by Caroline Lapish. The trial, presided over by the Honorable Sandra Sullivan, lasted eight days. Ms. McHugh was seeking damages in the range of $500,000. At the end of the trial, the jury rendered a verdict in favor of all three defendants on all counts.
Defeating all eighteen of Ms. McHugh’s original claims was a team effort. In addition to Attorney Malone and Lapish’s involvement, Michael Brown was integral to researching and preparing the various motions which resulted in the eradication of several counts prior to trial.