Eltora Charles v. State of California, California Department of Transportation
Published: May 27, 2006 | Result Date: Feb. 8, 2006 | Filing Date: Jan. 1, 1900 |Case number: RG03112609 Verdict – $345,300
Court
Alameda Superior
Attorneys
Plaintiff
Darci E. Burrell
(Burrell Kagin Law LLP)
Jean K. Hyams
(Vinick Hyams LLP)
Defendant
Experts
Plaintiff
Stephen M. Brown
(medical)
Michael A. Robbins
(EXTTI Incorporated)
(technical)
M. Bruce Smith
(medical)
Defendant
Barbara Osbourne
(technical)
Facts
In 2001, plaintiff Eltora Charles began working as a civil engineer for defendant California Dept. of Transportation (CalTrans). She worked in CalTrans' management center in Oakland. California Highway Patrol (CHP) staff also worked at the center.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff sued defendant for sexual harassment, hostile work environment and retaliation. In May 2002, she made an email complaint to her supervisors. The email was the first of many, in which she claimed that her coworkers watched sexually explicit material on the television in the management center and played rap music that contained profanity. According to plaintiff, her bosses failed to take action following her complaints, and as a result, the work environment worsened. She claimed that her coworkers made threatening and derogatory remarks to her, including racial and sexual remarks. In order to perform her work duties, plaintiff had to communicate with her coworkers. However, she claimed that her coworkers stopped communicating with her. According to defendant, plaintiff and her coworkers had a hostile relationship even before her complaints. Plaintiff also claimed that in April 2003, she was threatened and intimidated from supporting a coworker's separate sexual harassment claim against a CHP officer.
DEFENDANT'S CONTENTIONS:
The defendant asserted that plaintiff exaggerated the extent of the alleged harassment. Further, defendant's supervisors did investigate plaintiff's complaints, and as a result, the movies at work were immediately banned. However, according to plaintiff, the banning of movies at work was not actually enforced.
Specials in Evidence
The plaintiff claimed $25,000 in past and future therapy costs. The plaintiff claimed $20,000 in lost earnings.
Damages
The plaintiff claimed $300,000 in emotional distress damages.
Injuries
The Plaintiff claimed that her work situation caused her stress. As a result, she had to be treated for high blood pressure. Her doctors ordered her to take time off from work. The plaintiff also claimed that because of the threats she received from her coworkers, she feared for her safety and suffered from anxiety. She also began having difficulty trusting people. Further, she had to undergo psychological therapy, treatment she claimed will continue for the next four years.
Result
The defendant was found to be liable for harassment, retaliation and hostile work environment. The jury awarded plaintiff $345,300. Of that total, $45,300 covered economic damages and $300,000 covered emotional distress damages.
Deliberation
five hours
Poll
12-0
Length
one month
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