Lavona Stanley, Susan Bradford v. Moonstone Management Corporation
Published: Feb. 1, 2005 | Result Date: Sep. 13, 2004 | Filing Date: Jan. 1, 1900 |Case number: CV020872 Verdict – $766,584
Judge
Court
San Luis Obispo Superior
Attorneys
Plaintiff
Daniel M. Siegel
(Siegel, Yee, Brunner & Mehta)
Anne B. Weills
(Siegel, Yee, Brunner & Mehta)
Defendant
Facts
The plaintiff Lavona Stanley worked as a waitress at the Cambria Pines Lodge owned by the defendant Moonstone Management Corporation from May 1999 to August 2000. Stanley was 36 years old, a single mother with two young daughters. Her supervisor was the co-defendant, Phillip Estrada, then the food and beverage manager at the lodge. Estrada admitted to a number of sexual relationships with women whose jobs were dependent upon him. The owner of Moonstone, Dirk Winter, was amused by the antics of Estrada. Estrada allegedly subjected Stanley to unwelcome sexual conduct and suggestions, practically from the first day of her employment. He stroked Stanley's hair, touched her arm and rubbed his crotch against her buttocks. When Stanley indicated that she was upset by his behavior, Estrada verbally abused her and told her to "sit on his fucking lap." When Stanley walked away from him, he yelled at her, "Don't ever walk away from me." He continued to touch Stanley or rub against her each time she was on a shift and retaliated against her with verbal abuse for resisting his advances as well as delaying her drink orders, reducing the number of shifts she had been promised. A co-worker, Becky Bratsven, confirmed Stanley's account of Estrada's behavior. Stanley was stressed by Estrada's conduct but her economic condition prevented her from resigning. Finally, after eight months, Stanley complained to Tom Aura, the number two person at the defendant Moonstone about Estrada and Aura referred to the matter as a "communications problem." The situation improved for a few months but then deteriorated once more and the harassment, and consequential retaliation, resumed. The verbal abuse and sexual harassment extended to telephone messages left on Stanley's answering machine. Finally, Stanley quit. Susan Bradford also worked at the Cambria Pines Lodge from September 1999 through March 2001 as a receptionist, administrative assistant to the general manager. Bradford was 40 and a single mother, and she too complained of Estrada's conduct which included sexual advances, lewd comments and boarish behavior. Bradford also complained to the owner about Estrada. Notwithstanding further complaints to Winter, Estrada's behavior continued. Finally, the defendant fired Bradford and then, according to another employee, immediately contacted another employee whom he was seen fondling.
Settlement Discussions
Prior to trial, the plaintiffs demanded $250,000; the defendants offered $90,000.
Result
In favor of the plaintiff Stanley against Moonstone for $457,400 and against Estrada for $57,000. In favor of the plaintiff Bradford against Moonstone for $227,184 and against Estrada for $25,000.
Other Information
On Nov. 29, 2004, the court denied the defendants' motions for judgment notwithstanding the verdict and for new trial. The plaintiffs' motion for attorney fees and defendants' motion to tax costs are pending.
Deliberation
five hours
Poll
12-0 (liability), 12-0 (Bradley damages), 11-1 (whether conduct towards Stanley was oppressive and malicious), 10-2 (whether conduct towards Bradley was oppressive and malicious)
Length
eight days
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