Facts

Defendant ship repair yard terminated plaintiff, a 20-year Air Force veteran, who had been hired as facilities superintendent in 2005.

Plaintiff filed suit for race discrimination and wrongful termination.

PLAINTIFF'S CONTENTIONS:
It was undisputed that plaintiff himself never heard any racial slurs or comments, but he contended that defendant's general manager referred to another African American employee as "Aunt Jemima" and "fat black girl." The general manager denied making these comments. Plaintiff also contended that he was twice referred to as the "N" word during his employment by two other employees, one of whom remains employed.

DEFENDANTS' CONTENTIONS:
Defendant claimed that plaintiff's job was consolidated with another position as part of a restructuring.

Result

On Jan. 1, 2011, $2,170,000 was awarded to plaintiff; ($60,000 in economic loss; $360,000 in damages for emotional distress; and $1,750,000 punitive damages). On Feb. 18, 2011, the Court granted defendant's motion and reduced the punitive damages award to $420,000, making $840,000 the total amount awarded to plaintiff. On May 16, 2011, the Court filed its Order Granting Defendant BAE Systems San Francisco Ship Repair, Inc's Motion for New Trial. Although the Court's initial minute order included a remittitur, the Court's final written order expressly states that the order is granted without a remittitur.

Other Information

Plaintiff demanded $8 million to settle the case. A mandatory settlement conference with Hon. John Stewart resulted in no settlement. FILING DATE: May 1, 2009.

Deliberation

40 hours

Length

17 days