Jury Orders Walmart to Pay Former Apple Valley Truck Driver $35 Million in Defamation Case

APPLE VALLEY, Calif. (VVNG.com) — A San Bernardino jury has ruled this month that Walmart must pay $34.

7 million to Jesus “Jesse” Fonseca, a former truck driver at the Walmart Distribution Center in Apple Valley, due to his wrongful termination. The trial followed a lengthy four-week legal battle that revealed troubling practices within the retail giant’s employment policies, according to a court document . Fonseca, a dedicated 14-year employee with Walmart, found himself at the center of a defamation case after he took a leave of absence to recover from an injury he sustained in a rear-end collision with another semi-truck in 2019.



Following the crash, Fonseca was transported to the hospital to treat his injuries, and shortly after filed a workers’ compensation claim for his injuries resulting from the accident. Starting June 26, 2017 through the time of his termination, Plaintiff was evaluated by his doctor every few weeks and his work restrictions were routinely modified. Plaintiff’s work restrictions varied, but for the most part they included no pushing, pulling and lifting over 5-10 pounds and no commercial driving, the court document showed.

While on leave, he informed Walmart’s workers’ compensation team about two pre-planned family vacations, including an RV camping trip. “Instead of acting with integrity and telling Jesse Walmart thought he should not take the trips, Walmart’s work comp adjuster from Sedgwick had surveillance done on Jesse,” stated his lawyer David deRubertis of The deRubertis Law Firm, APC, who, along with, Mohamed Eldessouky of Eldessouky Law, APC, represented Fonseca. This investigation observed Fonseca bending for a matter of minutes and driving his RV camper, prompting an internal fraud inquiry.

Despite the investigator concluding that Fonseca was honest and credible and finding no evidence of fraud, the report was escalated to Walmart’s ethics department. The ethics department falsely accused Fonseca of “intentional dishonesty,” a label that ultimately led to his termination. The trial showcased that Fonseca did not violate any company policy and that Walmart’s actions not only defamed him but were rooted in a broader pattern of targeting injured employees.

The jury awarded Fonseca $1.2 million for lost wages and benefits and $8.5 million for non-economic damages, the verdict revealed , emphasizing the emotional distress caused by the unfounded accusations.

Additionally, they imposed $25 million in punitive damages to hold Walmart accountable for its actions, DeRubertis confirmed . “It was an honor to represent Jesse, a true person of integrity, and to speak with the jurors after their verdict,” stated deRubertis. “The jurors agreed that Walmart lacked integrity.

..not Jesse.

”.