Facts

On May 13, 2004, plaintiff Connie Moran was terminated from her employment as a junior loan officer for defendant American United Bancorp. She filed suit and alleged causes of action for sexual harassment, assault, battery, and wrongful discharge in violation of public policy.

PLAINTIFF CONTENTIONS:
The plaintiff contended that during her six months of employment, she was repeatedly subjected to unwanted sexual advances, comments, and physical contact by defendant Michael Tubbiola, the president of American United Bancorp, and defendant Stacy Sanchez, the vice-president. Several of the inappropriate sexual remarks were sent to her by text message to her cell phone, which was admitted into evidence during trial. The plaintiff reported the harassment to the California Department of Fair Employment and Housing. She was later terminated. DEFENDANTS

The plaintiff contended that during her six months of employment, she was repeatedly subjected to unwanted sexual advances, comments, and physical contact by defendant Michael Tubbiola, the president of American United Bancorp, and defendant Stacy Sanchez, the vice-president. Several of the inappropriate sexual remarks were sent to her by text message to her cell phone, which was admitted into evidence during trial. The plaintiff reported the harassment to the California Department of Fair Employment and Housing. She was later terminated. DEFENDANTS CONTENTIONS:
Regarding the plaintiff's severe emotional distress claim, the defendants contended that this was a result of the plaintiff's post-traumatic stress caused by an unrelated violent incident in her past, and not having to do with any alleged incident at work. TUBBIOLA

Settlement Discussions

The plaintiff demanded $300,000. The defendants offered $130,000. Sanchez offered $50,000 in a separate settlement offer.

Injuries

The plaintiff suffered severe emotional distress.

Result

The jury found all three defendants liable on all four causes of action, and further found the defendants acted with malice, oppression, or fraud. The jury awarded the plaintiff damages against American United Bancorp in the amount of $262,000; against Tubbiola in the amount of $85,000; and against Sanchez in the amount of $40,000. Total award: $387,000.

Other Information

Tubbiola filed a motion for a new trial based primarily on the jury awarding punitive damages without evidence of financial net worth. He will also file a motion JNOV based on the failure of any evidence to justify a verdict against him. The Court struck the plaintiff's request for punitive damages for lack of evidence.

Length

seven days