Facts

Defendant Contemporary Services Corp. (CSC) provides security for sports events, conventions and concerts. Plaintiff Vittorio Froncillo worked as an event staffer from Oct. to Dec. 2006. Plaintiff, 21, claimed that his supervisor, Cara Muhlenbruch, in her 30s, sexually harassed him. The sexual harassment allegedly included the supervisor sending about 35 sexually vulgar text messages, making sexual remarks, and engaging in behavior of a sexual nature toward plaintiff.

Plaintiff submitted a resignation letter in Dec. 2006, in which he said that he was resigning because of sexual harassment committed by the supervisor.

Plaintiff saved the last four text messages but didn't save the previous text messages from Muhlenbruch. However, after plaintiff saved the last four text messages, he put the phone into storage when he got a new cell phone. Plaintiff claimed that the messages were lost while the phone was in the storage.

In March 2007, another man made a sexual harassment complaint against Muhlenbruch. Another supervisor testified that she saw Muhlenbruch slapping the butts of male employees and making sexual remarks to them.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that he was entitled to emotional distress and punitive damages.

DEFENDANT'S CONTENTIONS:
Defendants contended that plaintiff's sexual harassment claim was not credible; and that plaintiff was not entitled to damages.

Settlement Discussions

Plaintiff demanded $70,000. Defendant offered $1,000.

Injuries

Plaintiff claimed emotional distress damages.

Result

Plaintiff recovered $550 for emotional distress damages; $11,953 for costs; and $349,314 for attorney fees. The net recovery was $361,817.

Other Information

A mediation was held through the court's Judicial Mediation program with Judge Ernest Goldsmith. The case did not settle. Two settlement conferences were held resulting in no settlement. Defendants' motion to vacate judgment was denied. Defendants' motion to strike/tax costs was denied. FILING DATE: Dec. 30, 2006.

Deliberation

two days

Poll

9-3 (that plaintiff was harassed because he was a man), 10-2 (that the harassment was severe or pervasive), 10-2 (that a reasonable man would find the harassing conduct severe or pervasive), 12-0 (that plaintiff found that the harassing conduct severe or pervasive), 12-0 (that Muhlenbruch was a supervisor), 9-3 (that the harassing conduct was a substantial factor in causing plaintiff’s harm), 9-3 (that plaintiff suffered damages for emotional distress of $550), 9-3 (that the harassing conduct was committed with malice, oppression and fraud), 9-3 (that defendant Contemporary Services Corporation did not ratify the harassing conduct), 9-3 (Contemporary Services Corporation did not have advance knowledge of Muhlenbruch’s unfitness)

Length

14 days