Facts

Plaintiff Myra Benson (a non-lawyer) was employed by Proskauer Rose LLP and worked in the firm's billing department. She struck a co-worker in the face and was subsequently terminated. Plaintiff sued Proskauer Rose claiming sexual harassment.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that she had been sexually harassed by a co-worker, and slapped the co-worker in response to being inappropriately touched exposing her breast. Benson testified that a co-worker in the billing department had been fascinated with the size of her breasts and had asked to see one. She claimed to have complained to the office manager on four previous occasions about being sexually harassed by the co-worker. Plaintiff further claimed that the office manager made notes while she spoke to her regarding the harassment. Eventually, the plaintiff claimed that the female co-worker grabbed her clothing exposing her breast at which time plaintiff flung her hand away striking the co-worker in the face in the process.

DEFENDANT'S CONTENTIONS:
Defendant contended and the office manager testified that plaintiff had never complained about the co-worker. The co-worker denied exposing the plaintiff's breast, and the denial was confirmed by a witness to the incident. Defendant terminated plaintiff for refusing to apologize and violating its policy prohibiting workplace violence.

Settlement Discussions

The defendant offered a waiver of costs during trial.

Damages

The plaintiff claimed $70,000 for past wage loss and $70,000 for future wage loss. The plaintiff also asked the jury to award between $350,000 and $500,000 for emotional distress damages, and between $35,000,000 and $63,000,000 in punitive damages.

Result

Plaintiff's verdict for $200,000. $0 punitive damages were awarded.

Other Information

The plaintiff is filing a motion for statutory attorney fees and costs. The defendant has filed a motion for JNOV and a notice of intention to move for a new trial. According to plaintiff's counsel: Four FEHA claims were submitted to the jury resulting in a finding of failure to prevent sexual harassment and a finding of fraud, oppression, or malice. FILING DATE: Jan. 12, 2008.

Deliberation

seven hours

Poll

10-2 (failure to prevent sexual harassment); 10-2 (no sexual harassment based on gender); 10-2 (defendant did not retaliate against plaintiff); 12-0 (defendant did not terminate plaintiff based on gender)

Length

eight days