Lisa Weaver v. Sybron Dental Specialties Inc., Sybron Dental Management Inc., Ormco Corporation, Rick Wilderotter
Published: Dec. 2, 2003 | Result Date: Jul. 17, 2003 | Filing Date: Jan. 1, 1900 |Case number: 01CC4887 Verdict – $20,000
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
John B. Golper
(ADR Services)
John J. Manier
(Ballard, Rosenberg, Golper & Savitt, LLP LLP)
Henry L. Sanchez
(Jackson Lewis PC)
Elsa Banuelos
(Ballard, Rosenberg, Golper & Savitt LLP)
Experts
Plaintiff
Ali I. Saad
(technical)
Brian Morell
(technical)
Veronica Thomas
(medical)
Salvatore R. Maddi
(medical)
Brian H. Kleiner
(technical)
Defendant
David N. Glaser
(medical)
Bradley Booth
(technical)
Facts
The plaintiff, Lisa Weaver, worked for the defendant Ormco as an account manager from January 2000 to April 2001. The plaintiff's co-employee, the co-defendant Rick Wilderotter, worked for Ormco in Colorado as a sales representative from July 2000 to May 2001. The plaintiff and Wilderotter first met in August 2000 while Wilderotter was in California for a week of sales training. The plaintiff alleged that Wilderotter made several sexually explicit comments to her and to a female co-employee. The defendant Wilderotter denied making any offensive remarks and alleged that he and the plaintiff flirted with each other. The plaintiff alleged that she put defendants management on notice of Wilderotter's allegedly sexually harassing remarks by informing her supervisor of the comments shortly after Wilderotter returned to Colorado. The defendants denied they had any knowledge of harassing conduct by Wilderotter. The plaintiff next saw Wilderotter in November 2000 when they attended Ormco's National Sales Meeting at the Waterfront Hilton in Huntington Beach. Some time after 1 a.m. on November 21, Wilderotter invited the plaintiff decided to go to the Jacuzzi. The plaintiff claimed she invited several other male employees to join them. According to the plaintiff, Wilderotter tried to kiss her in the elevator as she was going to her hotel room to change into her swimsuit. The plaintiff allegedly pushed Wilderotter away. The plaintiff was unable to change in her room because her female roommate was occupied with a male guest. The plaintiff claimed that she intended to use a hotel bathroom to change but she instead accepted Wilderotter's invitation to change in his hotel room. The plaintiff alleged that she changed in the bedroom while Wilderotter used the bathroom. Wilderotter allegedly came out of the bathroom naked and erect and proceeded to rape the plaintiff. Wilderotter admitted that he had sexual intercourse with the plaintiff but claimed that it was fully consensual. The plaintiff did not inform the defendants' Human Resources of the alleged rape until her exit interview on April 18, 2001. The plaintiff claimed that she feared interacting again with Wilderotter at a conference in Toronto in early May 2001. Human Resources investigated the plaintiff's allegations. Ormco suspended Wilderotter with pay pending the results of the investigation. The investigation revealed, among other things, that Wilderotter admittedly made unwelcome sexual advances on another female employee during the November 2000 sales meeting. Ormco terminated Wilderotter's at-will employment on May 1, 2001.
Settlement Discussions
On May 2, 2003, the plaintiff made a C.C.P. Section 998 offer to the defendants Ormco, SDS and SDM for $750,000 plus costs and attorney fees. On Aug. 5, 2002, the defendants made a C.C.P. Section 998 offer of $25,000, inclusive of costs and fees. The plaintiff settled her claims against Wilderotter for $100,000 in the fall of 2002.
Other Information
On Oct. 16, 2003, the court denied the defendants' motion for partial judgment notwithstanding the verdict. The plaintiff has filed a motion for $1,988,003 in attorney fees in connection with her $20,000 damage award. The plaintiff and defendants Ormco, SDS and SDM have filed notices of appeal.
Deliberation
eight hours (liability), 10 minutes (punitive)
Poll
10-2 (no sexual harassment), 12-0 (failure to prevent and oppression, fraud or malice), 12-0 (no negligence, constructive discharge, intentional infliction or economic damages), 10-2 (non-economic damages), 11-1 (no punitive damages)
Length
nine weeks
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