Sandra Smith v. Federal Express Corporation
Published: Dec. 30, 2003 | Result Date: Aug. 22, 2003 | Filing Date: Jan. 1, 1900 |Case number: CV0201149FMC Verdict – $480,000
Judge
Court
USDC Central
Attorneys
Plaintiff
Michael J. Faber
(Law Offices of Michael J. Faber)
Defendant
Sandra C. Isom
(FedEx Freight Inc.)
Experts
Plaintiff
Bettye Isom
(technical)
Facts
The plaintiff was a part-time "handler" for FedEx, working the 6-10 a.m. shift at LAX. She was hired in November 2000, and shortly thereafter, her team leader began to make suggestive sexual comments to the plaintiff about her appearance. He would say things to her such as "If I were to say you look very sexy in those pants" it would be sexual harassment, so I won't say it." On at least one occasion, he told her, commenting about her hair, "I like that wild look. It's sexy, it turns me on." On the night of March 22, 2001, the team leader offered her a ride to her car in her parking lot at the end of the shift. It was approximately 1 a.m. and after she got into her car, the team leader grabbed on her window. She rolled the window down, and he reached through the open window, grabbed the plaintiff's head and forcibly kissed her on the mouth. The following day, the plaintiff complained to the local manager at FedEx, who promptly suspended the team leader, pending an investigation. Thereafter, the team leader was fired. The plaintiff felt uncomfortable, however, and resigned within about a month.
Settlement Discussions
The plaintiff demanded $100,000 before trial; the defendant offered $25,000.
Damages
The plaintiff suffered no economic damages but only emotional distress. The plaintiff dismissed her claims for punitive damages prior to commencement of trial.
Length
four days
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