Marcia Green, Geoffrey Green v. Board of Trustees of the California State University
Published: Aug. 3, 2004 | Result Date: May 7, 2004 | Filing Date: Jan. 1, 1900 |Case number: 412276 Verdict – $0
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Bruce G. Nye
(Scali Rasmussen)
Defendant
Experts
Plaintiff
Mark R. Newton
(technical)
Paul S.D. Berg
(medical)
Davi Weisberger
(medical)
Ronald Tempesta
(medical)
Tom Morris
(medical)
Defendant
Mark H. Strassberg M.D.
(medical)
Renee Leslie Binder
(medical)
Facts
Marcia Green, 54, was a lecturer in the humanities department at San Francisco State University. In 1997, the university began searching for someone to fill a tenure-track position in that department. Green was one of three final candidates, but she was not chosen. In 1998, Green sued the university for discrimination based on her age, national origin (Polish) and her marital status (married to a tenured professor in the university's English department). She also claimed retaliation because the university allegedly stopped hiring her as a lecturer after she filed her lawsuit. In August 2000, a jury found for the university on Green's discrimination claim. However, it found in her favor as to the retaliation claim and awarded her $1.5 million in lost past and future wages, which the university paid.
Settlement Discussions
The Greens sought one of three settlement outcomes: $1 million in exchange for Marcia's voluntary resignation; a teaching package (worth approximately $200,000) and $375,000; or a teaching package and $155,000 for damages, plus attorney fees to be decided by a neutral (ranging from $250,000 to $600,000). The defense offered $250,000 cash and a teaching package (worth $200,000).
Damages
Marcia claimed lost earnings based on the university's failure to hire her as a lecturer in the humanities department. She asked for $30,600 for past and future psychotherapy expenses and $141,000-$267,000 in noneconomic damages for emotional distress.
Injuries
Marcia tried to show that various physical conditions (such as Epstein Barre virus, transverse myelitis and lichen planus) developed and were aggravated by stress caused by the university. The defense medical expert refuted any link between those conditions and stress caused by Green's dispute with the university.
Other Information
According to defense counsel, the Greens filed a motion to suppress evidence of the $1.5 million verdict recovered by Marcia in the underlying trial. The court asked them to choose between two jury instructions. The jury could either be told that the prior verdict was $1.5 million or that Marcia recovered a "substantial judgment" and was financially secure for the rest of her working life. The Greens chose the latter instruction. The court also found that Marcia's loss of entitlement due to her gap in service was a legitimate reason not to rehire her. At the close of trial, Geoffrey dismissed his retaliation claim against the university.
Deliberation
14 hours
Poll
9-3
Length
seven days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390