Tumakay, Baker-Snow v. United States Postal Service
Published: Feb. 22, 2001 | Result Date: Nov. 16, 2000 | Filing Date: Jan. 1, 1900 |Case number: CIVS982161 Verdict – $700,000
Judge
Court
USDC Eastern
Attorneys
Plaintiff
Stephen M. Murphy
(Law Offices of Stephen M. Murphy)
Defendant
Facts
During 1996 and 1997, plaintiffs Theresa Tumakay, 36, and Debra Baker-Snow, 44, were employed by the Postal
Service at the Stockton Mail Processing Facility. The work at the Stockton Plant was divided into shifts,
referred to as Tour 1 (night shift), Tour 2 (day shift) and Tour 3 (swing shift). Employees on each Tour reported
to the Supervisors of Distribution Operations (SDO). The SDOÆs, in turn, reported to the Manager of
Distribution Operations (MDO). The head of the facility was the plant manager.
During 1996 and 1997, plaintiffs worked on the swing shift - Baker-Snow was an SDO and Tumakay was an
acting supervisor. During that same time, Ned Braatz was the plant manager at the Stockton Facility.
In late 1992, Harold Dahl began working at the Stockton facility as an MDO on the night shift. In July 1997,
Braatz moved the regular MDO on the swing shift off that shift and detailed Dahl into the position. Braatz
made this decision due to problems with delayed mail on the swing shift. Once Dahl was detailed to the swing
shift in July 1997, he became plaintiffsÆ immediate supervisor.
From approximately October 1996 through October 1997, defendant Dahl allegedly sexually harassed
plaintiffs. Beginning in October 1996, Dahl purportedly asked Tumakay about her marital status. When
Tumakay stated that she was married, Dahl allegedly suggested she leave her husband, told her he would leave
his wife and they could run away together.
Beginning in October 1996, Dahl allegedly started to give Tumakay long looks and would direct his eyes up
and down while looking at her. Dahl allegedly boasted that he could go after any Filipino woman and "get"
her. He purportedly told Tumakay that he loved it when women talked to him and knew that woman loved him
and that it was good for his ego.
Dahl allegedly instructed Tumakay, in plaintiff Baker-SnowÆs presence, that she could not wear short skirts or
low cut blouses. Dahl purportedly stated to Tumakay, with a sexual overtone, "Yeah, and you canÆt be wearing
your short dresses anymore. You are going to have to start wearing pants Æcause youÆll be climbing over
equipment and bending over and people might look up your dress." On a day when Tumakay wore pants to
work, Dahl allegedly looked at her and shook his head. When Tumakay asked him what was wrong, Dahl
purportedly responded, "Oh nothing, you just look so good in those pants."
Settlement Discussions
A mandatory settlement conference was held on Oct. 30, 2000 before Judge Lawrence J. Karlton. The plaintiffsÆ final demand was a total of $100,000. The defendant offered a total of $50,000 with each party bearing their own costs and attorneyÆs fees.
Damages
The plaintiffs claimed damages for emotional distress in unspecified amounts. Neither plaintiff sought any psychological or medical help to deal with their distress. Both plaintiffs are still employed by the Postal Service and thus did not claim economic damages.
Result
On Nov. 16, 2000, the jury returned a verdict in favor of plaintiff Tumakay for $400,000 for emotional distress damages and in favor of Baker-Snow for $300,000 for emotional distress damages.
Other Information
<P>The defendant filed a motion for new trial and remittitur which was scheduled to be heard on Jan. 22, 2001 and continued to Feb. 20, 2001. The plaintiffs filed a motion for attorneysÆ fees to be heard on March 5, 2001. On Feb. 2, 2001, the parties settled the case for $525,000, which includes attorney fees and costs. On Feb. 2, 2001, the parties reached a tentative settlement for $525,000, which includes attorney fees and costs.</P>
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