Jonathan Harris v. One America News Network, Herring Broadcasting Company Inc., Herring Networks Inc., Robert Herring Jr., Robert Herring Sr., Graham Ledger
Published: May 15, 2020 | Result Date: Feb. 6, 2020 |Case number: 37-2018-00033996-CU-OE-CTL Verdict – $1,099,674
Judge
Court
San Diego County Superior Court
Attorneys
Plaintiff
Rodney S. Diggs
(Ivie, McNeill, Wyatt, Purcell & Diggs)
Britany M. Engelman
(Engelman Law APC)
Defendant
Patrick J.S. Nellies
(Advantage Law Group, APC)
Facts
Plaintiff Jonathan Harris, a black producer, sued his former employer, Herring Networks Inc., its chief executive officer, Robert Herring Sr., and the host of "The Daily Ledger" Graham Ledger, for racial discrimination, wrongful termination and retaliation.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that he was subjected to race based harassment at his former workplace. Plaintiff contended that Ledger made demeaning and derogatory comments based on race towards plaintiff during work meetings because plaintiff's political views as an African American differed from the company's. Moreover, plaintiff contended that he filed a complaint of racial discrimination after a dispute arose involving a news segment which discussed the removal of certain Confederate monuments. He contended that after he complained, defendants offered him another position in a different department within the company. Plaintiff accepted the offer but deleted documents from the news show. Plaintiff was fired for deleting the documents. Plaintiff claimed that defendants' reasons for his termination was a pretext for wrongful termination.
DEFENDANT'S CONTENTIONS: Defendants contended that plaintiff was fired because he violated the network's company policies when he deleted documents stored in his computer that would be needed for the ongoing production of the show in his absence. Defendants also contended that plaintiff performed poorly.
Damages
Plaintiff sought damages for loss of earnings, pain and suffering.
Injuries
Plaintiff alleged he suffered from emotional distress due to the racial harassment, discrimination, wrongful termination and retaliation.
Result
The jury found that there was no racial harassment or discrimination that occurred. However, the jury found that defendants wrongfully terminated plaintiff when plaintiff complained of racial harassment and discrimination. The jury also found that defendants failed to take reasonable steps to prevent the harassment, discrimination, or retaliation. The jury awarded plaintiff compensatory damages in the amount of $289,674.12, and punitive damages in the amount of $810,000. Plaintiff was awarded $1,099,674.12 in total.
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