Facts

Plaintiff Valerie Lugo, 50, worked for the Department of Managed Health Care as a member of the Department's support staff for three years. On Jan. 23, 2003, Lugo was questioned by her co-worker, defendant Mike Loterbauer, about using the wrong access card. She alleged that Loterbauer assaulted her in the workplace by grabbing and holding onto her hand. She reported the incident. In February, she took leave from work due to stress and upon returning, she claimed she could not work in the same building as Loterbauer. The Department instructed her to return to work but she refused. In November 2004, the Department terminated Lugo.

PLAINTIFF'S CONTENTIONS:
The plaintiff sued the Department and Loterbauer alleging battery, discrimination based on gender, and retaliation, both for reporting the incident with Loterbauer and for complaining that some male employees were entering inaccurate information on their time-cards.

DEFENDANTS' CONTENTIONS:
Loterbauer denied that the incident occurred. The Department argued that its actions were not retaliatory but based on legitimate reasons. The Department also alleged that Lugo was offered a new position, making it highly unlikely for her to come into contact with Loterbauer, that steps were taken to prevent her from coming into contact with him and that her termination was permitted because she failed to return to work.

Settlement Discussions

Plaintiff demanded $250,000, defendant offered $20,000.

Damages

Lugo sought $250,000 for her past lost wages and emotional distress.

Injuries

Lugo claimed she sustained an unspecified wrist injury and suffered from stress.

Result

The jury returned a verdict for defense finding there was no battery and that no discriminatory retaliation motive was attached to the Department's actions.

Deliberation

48 minutes

Poll

12-0

Length

four days