A major rail contractor has prevailed in a whistleblower lawsuit brought by its former in-house counsel, who had alleged he was fired after warning the company not to conduct “illegal activity” related to the multibillion-dollar transit project.

Bosko Petricevic had sued his former employer, Nan Inc., in 2019 alleging in state court that the local construction firm had engaged in multiple illegal practices, not all related to rail.

UH West Oahu HART Rail station platform view.
Nan Inc. prevailed in a whistleblower protection lawsuit alleging it “double dipped” to collect claims on trouble-filled canopy work at rail stations from both the city and its own subcontractor. Cory Lum/Civil Beat

On Wednesday, however, a jury ruled in Nan’s favor. It found that Petricevic did not prove that he had been fired due to his whistleblowing.

The jury also rejected Nan’s counterclaim that Petricevic had painted the company’s founder, Nan Shin, in a false light, according to the verdict sheet.

“This verdict affirms that Nan, Inc.’s termination of the plaintiff was legal and proper,” Shin said in a statement Thursday. “This positive outcome validates all of Nan, Inc.’s hard-working employees and positive reputation in the community for the last 30 years.”

Petricevic declined to comment Friday on the verdict. It’s unclear whether he plans to appeal.

Read the jury’s verdict here:

 

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