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Employment Law
Hostile Work Environment

Alice Malcolm v. Viejas Casino, et al.

Published: Nov. 11, 1995 | Result Date: Oct. 4, 1995 | Filing Date: Jan. 1, 1900 |

Case number: 676962 –  $0

Judge

Sheridan E. Reed

Court

San Diego Superior


Attorneys

Plaintiff

Michael H. Crosby


Defendant

George E. Fleming

Lynn Pierce - Whitlock

Terence L. Greene
(Delmore Greene LLP)

Steven B. Davis


Facts

From April 1993 through April of 1994, Plaintiff Alice Malcolm was a chiprunner at Defendant Viejas Casino. Defendant Sami Shamoun was a co-worker who began an attempted courtship with Plaintiff in October of 1993. Plaintiff received a series of handwritten notes from Defendant. The notes referred to Plaintiff as "sweetheart," "a very special person," and allegedly included the word "love." No sexually explicit or suggestive terms were used in any of the notes. Plaintiff also claimed to have received numerous telephone calls from Defendant, requesting her company, as well as several gifts of varying monetary value. Defendant admitted to having written the notes, but denied all but one telephone call. Shamoun ceased the attempted courtship in January of 1994, when Plaintiff demanded that he leave her alone. Defendant Viejas Casino was dismissed at the demurrer stage on jurisdictional grounds; the case went to trial with only natural Defendants.

Settlement Discussions

Defendants contend that Shamoun offered $50,000; the other Defendants offered nothing; and Plaintiff demanded $450,000 reduced to $150,000.

Specials in Evidence

not claimed not claimed

Injuries

Emotional distress. Plaintiff claimed residual depression disability, precluding her from holding a job.

Deliberation

1 day

Poll

11-1, 12-0

Length

5 weeks


#117000

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