Facts

The plaintiff alleged that Jon S. Matthews, DVM, for whom she worked, made aggressive and unwanted sexual as well as romantic overtures to her when she served as his ride-along assistant, creating a hostile work environment and leading to her constructive termination. The plaintiff also alleged that Matthews failed to pay her for overtime and breaks due under California law to non-exempt employees.

DEFENDANT'S CONTENTIONS:
The defendant contended that the sexual harassment never occurred. In reality, the plaintiff was a family friend and, although there were discussions of personal matters during the long hours the two spent together on the road, there was no harassment. The defendant further contended that plaintiff was an independent contractor, providing her ride-along services through a horse ranch she owned and operated, not an employee. Accordingly, she was not entitled to pay for overtime or breaks.

Settlement Discussions

The plaintiff demanded $600,000 at mediation, and refused defendant's C.C.P. section 998 offer to compromise for $25,000.

Specials in Evidence

$67,309 $270,758

Damages

The plaintiff claimed present and past loss of earnings plus general damages and punitive damages.

Injuries

The plaintiff claimed emotional distress with accompanying physical symptoms.

Result

Defense verdict on all counts.

Other Information

Plaintiff's post-trial motion to tax costs was denied. Costs of $5,469 were awarded to defendant. FILING DATE: March 27, 2007.

Deliberation

1.5 hours

Poll

10-2 (hostile work environment), 11-1 (quid pro quo), 12-0 (wrongful constructive discharge, 12-0 (non-payment of wages/penalties)

Length

three days