Chris Fotiades v. Hi-Tech Painting and Collision Repair, Inc., et al.
Published: Oct. 17, 1998 | Result Date: Sep. 3, 1998 | Filing Date: Jan. 1, 1900 |Case number: 772319 Verdict – $1,500,000
Judge
Court
Orange Superior
Attorneys
Plaintiff
Charles D. Ferrari
(ADLI Law Group PC)
Gregory A. Patton
(Patton Mosier)
Defendant
Experts
Plaintiff
Michael G. Willoughby
(technical)
Facts
Plaintiff Chris Fotiades was employed as a body shop estimator for defendant Hi-Tech Painting and Collision Inc. (Hi-Tech). Plaintiff began his employment at the Hi-Tech shop in Anaheim. Plaintiff had excellent performance reviews while at the Anaheim store. Plaintiff was transferred to the Garden Grove shop in summer 1995. One afternoon in late November or early December 1995, plaintiff went to use the restroom. While he was in the restroom, defendant Sam Mirabile, the manager of the Garden Grove shop, opened the bathroom door. Defendant Bill Hendricks, the assistant manager, then took a Polaroid photo of plaintiff. When plaintiff came out of the restroom, he saw Mirabile and Hendricks holding the Polaroid and laughing as they waited for it to develop. The plaintiff alleged that he asked Mirabile and Hendricks for the photo, but they refused to give it to him. The plaintiff further alleged that they showed it to other employees, and that these defendants also made derogatory comments about the size of plaintiff's penis. The plaintiff claimed he asked Mirabile for the photo back on several occassions, but was refused. The plaintiff also alleged that during the remainder of his employment at the Garden Grove shop, he was subjected to ridicule and taunting about the photo and about the size of his penis and that defendants Mirabile, Hendricks and other employees called him "Shorty," "Tiny," "Splinter," "Rod," and "Pee Wee." Thereafter, in January 1996, plaintiff transfered to the Santa Ana shop. In April 1996, one of the defendants mailed the photo to the Santa Ana store, addressed to defendant Mark Hurwitz, the manager of that store. When the photo arrived in Santa Ana, Hurwitz opened the envelope. The plaintiff alleged that Hurwitz then showed the photo to other employees. Plaintiff was not there that day, but returned to work the following day. The plaintiff alleged that several employees at the Santa Ana store also made derogatory comments about the size of his penis, and called his names such as "Moby Dick." After a few days, plaintiff went into Hurwitz' office to look for the photo. Hurwitz subsequently gave the photo to plaintiff. Plaintiff subsquently complained to Hi-Tech's operations manager. According to plaintiff, no discipline was imposed. Plaintiff also complained directly to Hi-Tech's owner. Plaintiff ultimately quit the company in August 1996. The plaintiff brought this action against the defendants based on sexual harassment, invasion of privacy, intentional infliction of emotional distress and wrongful constructive termination theories of recovery. Plaintiff voluntarily dismissed the constructive termination cause of action before trial. Defendant's motion for nonsuit was granted on the cause of action for sexual harassment at the conclusion of plaintiff's case-in-chief.
Settlement Discussions
The plaintiff made a C.C.P. º998 demand for $200,000 in September 1997. The defendants offered $15,000 before trial.
Other Information
The verdict was reached approximately one year and nine months after the case was filed. Post-trial motions are scheduled for Oct. 23, 1998.
Deliberation
nine hours
Poll
First phase: 12-0 (liability), 11-1 (damages). Second phase - punitive: 12-0 (liability), 9-3 (damages)
Length
nine days
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