This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Employment Law
Sexual Harassment
Retaliation

Samuel Quiroz v. Pacific Rim Transport Inc.

Published: Mar. 11, 2003 | Result Date: Nov. 13, 2002 | Filing Date: Jan. 1, 1900 |

Case number: 8410065 Verdict –  $274,000

Judge

John F. Kraetzer

Court

Alameda Superior


Attorneys

Plaintiff

Allan Keith Miller

Berne H. Reuben


Defendant

Ronald A. Peters
(Littler Mendelson PC)

Eric A. Grover
(Keller Grover LLP)


Experts

Plaintiff

Craig Pratt
(technical)

Christina Davis
(technical)

Defendant

Michael A. Robbins
(EXTTI Incorporated) (technical)

Facts

The plaintiff, a 48-year-old operations manager, was employed by the defendant heavy haulage company. He was hired at the defendant's Oakland terminal. The plaintiff claimed that after a few months, the terminal manager began to taunt him by mispronouncing his name, emphasizing the word "queer." He also claimed that the supervisor referred to him as a "fag" and on three occasions grabbed his buttocks. When the plaintiff confronted the supervisor about this, the behavior did stop but a pattern of retaliation began which included hostility, unfair job assignments, unfair criticism, unfair performance evaluation, low salary increase and taking away of a company vehicle.

Damages

The plaintiff claimed humiliation, indignity and anxiety. The plaintiff did not seek wage loss as he secured a better paying job. The plaintiff claimed no medical treatment and no medical expenses.

Result

The jury awarded $184,000 for humiliation, indignity and anxiety. It awarded $90,000 in punitive damages.

Other Information

The plaintiff is seeking attorney's fees and costs and injunctive relief to obtain training for the Oakland staff and managers as well as expungement of negative matters from his file. The motion was taken off calendar after the defendant agreed to the training and expungement.

Deliberation

two days

Length

five weeks


#122189

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390