Facts

Plaintiff Davis was a female sales associate for defendant St. Jude, a medical supply company, and worked in the same territory as longtime St. Jude sales representative defendant William J. Childress. Plaintiff complained to St. Jude that Childress was harassing her and requested a transfer. She selected Iowa as she met her future husband, an Iowa resident, during the time she was being harassed. She was terminated after one year for not meeting sales quotas. Plaintiff filed suit against Childress for quid pro quo sexual harassment and hostile work environment sexual harassment against both Childress and St. Jude.

Plaintiff also alleges that St. Jude wrongfully demoted and terminated her in retaliation.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendant Childress, a 59-year-old married senior sales representative sexually harassed plaintiff, a 37-year-old sales associate, by developing an improper romantic and sexual obsession with his subordinate. Childress repeatedly told plaintiff that he was in love
with her and he would not give up his pursuit of her until she slept with him. When his advances were rejected, Childress responded by attempting to freeze her out of her territory. St. Jude failed to appropriately discipline Childress because he was one of their most productive sales representatives. Plaintiff requested a transfer to get away from Childress. St. Jude transferred her to Iowa, but gave her an unproductive territory, and later terminated her claiming that she was not making her sales quotas.

Defendants denied all of plaintiff's claims and allegations. Childress claimed that the alleged harassment never occurred.

Settlement Discussions

Defendants made a joint offer of $300,000.00 but later revoked it. Plaintiff made a CCP 998 demand for $300,000.00. Defendants then countered with a CCP 998 offer of $275,000.00, which was rejected by plaintiff.

Result

Verdict against both Childress and St. Jude (9-3) for hostile work environment sexual harassment. The jury awarded $224,000 against Childress and found St. Jude liable but that they were not responsible for plaintiff's damages. After various post-trial motions, plaintiff was awarded attorney fees and costs which increased the total judgment to $609,488 and St. Jude was awarded $36,265.

Deliberation

three hours

Length

11 days