Diane L. Sangster v. Phoebe Hearst and Amory J. Cooke, et al.
Published: Jun. 3, 1995 | Result Date: May 17, 1995 | Filing Date: Jan. 1, 1900 |Case number: 378367 Verdict – $525,000
Judge
Court
San Mateo Superior
Attorneys
Plaintiff
Daniel H. Qualls
(O'Hagan Meyer LLP)
Robin G. Workman
(Workman Law Firm PC)
Defendant
Charles G. Smith
(Law Offices of Charles G. Smith APC)
Experts
Plaintiff
Lori Barnett
(technical)
Phillip H. Allman III, Ph.D.
(technical)
Defendant
Marshall A. Johnson
(technical)
Marie Ontiveros
(technical)
Facts
Plaintiff Diane L. Sangster was hired by Defendants Amory J. Cooke and Phoebe Hearst Cooke as a secretary in 1989. Sangster's duties included assisting in the annual production of a 4-color souvenir program for the San Francisco Equestrian Festival from 1989 to 1992. During this period, Plaintiff Sangster enlisted the assistance of Dennis Wozniak Graphic Design of Burlingame to help in the production of the programs from 1989 to 1992. The average cost of the program was approximately $42,000. From November of 1990 to August 31 of 1992, Sangster's duties also included processing payroll for the Defendant Cookes and a Cooke-supported charity, the National Center for Equine Facilitated Therapy located in Woodside. In July of 1992, Sangster requested Wozniak's help in producing the 1992 Festival program. Wozniak submitted a bill for $56,000 for the total cost of production of 3,000 copies of the 4-color program in August of 1992. Sangster resigned her employment with the Cookes, following the conclusion of the 1992 Festival, effective August 31, 1992. Following Sangster's resignation, the festival and Phoebe Hearst Cooke refused to pay Wozniak. Wozniak sued Phoebe Hearst Cooke and the festival for payment of his $56,000 invoice in October of 1992. Cooke and the festival filed a cross-action for conspiracy to defraud against both Wozniak and Sangster. Beginning in January of 1993, Sangster filed a Cross-complaint and amended cross-complaints against the Cookes for constructive wrongful discharge in violation of public policy, Fair Employment and Housing Administration violations in the form of sexual harassment, wage and hour violations due to failure to pay overtime wages, and intentional infliction of emotional distress. Cooke and the festival settled its claims with Wozniak in March of 1993 by payment to Wozniak of $31,000.
Settlement Discussions
Plaintiff contends she made no settlement demands.
Damages
Lost wages in the form of unpaid overtime for 3 years preceding the filing of the Cookes/festival Cross-action against Sangster in November of 1992; post-termination wage loss; and emotional distress for a period of approximately 14 months. Sangster allegedly sought between $4,400,000 and $14,500,000.
Result
The jury returned verdicts in favor of Sangster on: all claims by the festival; all first phase claims against the Cookes; second phase punitive damages liability issues against Amory J. Cooke for oppressive conduct; third phase regarding the amount of punitive damages against Amory J. Cooke. The jury returned a verdict in favor of Phoebe Hearst Cooke on punitive damage, second phase. Verdicts rendered in Sangster's favor were upon FEHA; constructive discharge in violation of public policy; wage/hour; and intentional infliction of emotional distress.
Other Information
The trial Court, sua sponte, ordered nonsuit and dismissal of Phoebe Hearst Cooke's claims against Sangster, prior to jury deliberation.
Deliberation
5.5 days total (3 phases)
Poll
unanimous in favor of Sangster on festival fraud claims and varied on claims against the Cookes
Length
10 weeks
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390