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
Assault
Sexual Harassment and Discrimination

Daniel J. Kovatch v. Farmers Group Inc., et al.

Published: Jan. 27, 2004 | Result Date: Nov. 17, 2003 | Filing Date: Jan. 1, 1900 |

Case number: BC276109 Verdict –  $0

Judge

Richard Fruin

Court

L.A. Superior Central


Attorneys

Plaintiff

William E. Weinberger


Defendant

Phillip W. Bartenetti

Arturo Santana Jr.


Experts

Defendant

Clint Cronkite
(technical)

Samuel Black
(medical)

Facts

The plaintiff was an independent contractor working under contract with the Farmers Insurance Group of Companies as an insurance agent. The plaintiff was openly gay throughout his relationship with Farmers. The plaintiff was recommended for and attended classes for those interested in being appointed as district managers. As of the time of trial, he had not received an appointment as a district manager. He claimed he was sexually assaulted by an employee of Farmers. He brought suit against the defendants for sexual harassment and sexual discrimination based on his sexual orientation. He brought both common law and statutory (FEHA) claims. He previously had sued an employer based on a claim of sexual harassment.

Settlement Discussions

At mediation the plaintiff demanded $900,000. The defendants offered C.C.P. Section 998 for $10,000 which was rejected.

Damages

During closing argument, the plaintiff requested $2.3 million.

Result

The jury returned a defense verdict on all causes of action.

Other Information

The defendants have submitted a memorandum of costs in the amount of approximately $45,000. The plaintiff has filed motions for judgment notwithstanding the verdict and for new trial.

Deliberation

two hours

Poll

12-0 ( in favor of all defendants)

Length

seven days


#124458

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

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