Whithorn v. City of West Covina
Court of Appeal Case No.: B332558
Filed: July 9, 2025
Judges: Presiding Justice Manella, Justices Collins and Currey
Trial Judge: Hon. Terry Green, Los Angeles Superior Court
A Landmark Win for a Public Servant
Former West Covina Fire Chief Larry Whithorn dedicated nearly three decades of his life to public service. He rose through the ranks to become fire chief in 2014. But after taking extended medical leave in 2017 and 2018 for surgeries, his career came to an abrupt and unjust end.
Despite a spotless record and glowing evaluations, Whithorn was fired just 17 days after a new city manager—David Carmany—took over. The termination followed months of pressure from elected officials who reportedly labeled him an “absentee chief.” The city offered no performance-based reason for the termination.
Jury Verdict: $4.1 Million — And Upheld on Appeal
In 2023, a Los Angeles jury awarded $4,145,595 to Whithorn, finding in his favor on multiple claims:
- Disability discrimination (FEHA)
- Retaliation for protected activity
- Failure to prevent discrimination/retaliation
- Whistleblower retaliation (Labor Code § 1102.5)
- Intentional infliction of emotional distress
The jury verdict was broken down as follows:
- $990,103 in past economic loss
- $587,643 in future economic loss
- $1,980,206 in past noneconomic loss
- $587,643 in future noneconomic loss
On July 9, 2025, the California Court of Appeal affirmed the entire judgment, rejecting every argument by the City. Notably:
The award of nearly $1 million in attorney’s fees to Whithorn’s legal team was also fully affirmed.
The Court rejected the City’s attempt to reduce damages based on Whithorn’s pension benefits, citing the collateral source rule.
The Court upheld the jury’s findings that discrimination and retaliation were “substantial motivating factors” in his termination.
Trial Counsel: Anthony Nguyen, Esq.
This victory was powered by a team of fierce advocates, including:
- Anthony Nguyen of Shegerian & Associates,
- Anna Olevsky and John David, co-counsel at trial.
Nguyen, in particular, is widely regarded as one of California’s most formidable plaintiff-side trial lawyers. Known for his precision, presence, and relentless advocacy, Nguyen and his firm, Shegerian & Associates, has recovered over a billion dollars for their clients, with a growing list of seven, eight, and nine-figure wins.
His fearless presence in the courtroom and unwavering commitment to his clients have earned him widespread recognition and respect throughout the legal community.
“For almost 30 years, Chief Whithorn gave his life to West Covina. The jury—and now the appellate court—sent a message: public servants can’t be tossed aside because of a surgery or medical leave.”
— Anthony Nguyen, Trial Counsel
Nguyen’s courtroom reputation—equal parts “slick” and “surgical”—has earned him honors from Super Lawyers, Best Lawyers in America, and the Los Angeles Business Journal. His personal story as a first-generation Vietnamese-American drives his passion to protect vulnerable workers and stand up to institutional misconduct.
Why This Case Matters
This case sends a powerful message: cities are not immune from accountability when they trample on employee rights.
Whether it’s disability discrimination, retaliation, or the abuse of power under the guise of “leadership changes,” California law protects workers who’ve done everything right—just like Chief Whithorn.
Facing Retaliation or Disability Discrimination?
You don’t need to be a fire chief to deserve justice. If you were wrongfully terminated after medical leave, harassed for speaking up, or retaliated against for filing a grievance—we can help.
We’re Ready to Help
