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Employment Law
Sexual Harassment
Intentional Infliction of Emotional Distress

Marie Brandy Trias v. Associated Construction, Kevin Briggs

Published: Jan. 21, 2004 | Result Date: Aug. 27, 2003 | Filing Date: Jan. 1, 1900 |

Case number: BC276998 Verdict –  $50,000

Judge

Gregory C. O'Brien Jr.

Court

L.A. Superior Central


Attorneys

Plaintiff

Stephen J. Healy
(Law Office of Stephen J Healy)


Defendant

Drew A. Cicconi

Eric T. Lindholm


Facts

Plaintiff Marie Trias, 44, worked as a heavy equipment operator for defendant Associated Construction. During her employment, the plaintiff received sexual advances from her supervisor, defendant Kevin Briggs. Defendant flashed his genitals at the plaintiff on several occasions and demanded sexual favors from her. On plaintiff's last day of work, the defendant insist that she perform a sex act with a banana. The plaintiff refused, and she was terminated the next day. When the plaintiff found out she was terminated, she had an argument with the defendant. During the argument, the defendant allegedly shoved the plaintiff in the chest, leaving red marks.

Result

The jury found that defendant Briggs was not liable for battery or sexual battery. However, the defendants were found liable for sexual harassment and intentional infliction of emotional distress. The plaintiff was awarded $5,000 for emotional distress. Associated Construction was ordered to pay $30,000 in punitive damages, and Briggs was ordered to pay $15,000 in punitive damages.

Deliberation

one day

Length

four days


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