Joan McQuagge v. The Hendrick Automotive Group, Broadway Automotive Company
Published: May 10, 1997 | Result Date: Apr. 22, 1997 | Filing Date: Jan. 1, 1900 |Case number: 7481846 – $815,000
Facts
From December 1992 to March 1994, plaintiff Joan McQuagge, a 40-year-old woman was employed at an Oakland automobile dealership that was formerly affiliated with defendant Hendrick Automotive Group. The plaintiff claimed that during her employment, she was subjected to abusive language, sexual harassment, gender discrimination and defamation by the individual defendant (settled), former dealer sales supervisor at the dealership and other members of defendant Hendrick Automotive Group's management team. Specifically, the plaintiff claimed that McMaster constantly berated her with vulgar and obscene language, exposed himself to her, and circulated nude photographs of himself. The plaintiff resigned from the dealership in early March 1994, and the dealership was sold to a third party in May 1994. The plaintiff claimed the defendants' dealerships had a history of sexual harassment of female employees. Hendrick Automotive Group's regional manager testified at trial that there were no sexual harassment problems at the Oakland dealership and that the individual defendant represented "the best of Hendrick Management." The plaintiff brought this action against Hendrick Automotive Group, its subsidiary Broadway Automotive Company, the individual defendant and other Hendrick companies based on sexual harassment, sex discrimination, assault and battery, constructive wrongful discharge in violation of the California Constitution, intentional infliction of emotional distress, negligent infliction of emotional distress, negligent hiring and supervision, invasion of privacy, negligence and defamation theories of recovery. The case went to trial only against Hendrick Automotive, Broadway Automotive, and Hendrick Management Corp.
Settlement Discussions
The plaintiff made C.C.P. º998 settlement demand for $595,000 as to each named defendant, raised to settlement demands of $950,000 and $4.5 million on the eve of trial. The defendants made a collective settlement offer of $200,000. Defendants Hendrick Automotive and Broadway Automotive made a collective settlement offer $525,000 on the eve of trial.
Injuries
The plaintiff alleged she suffered emotional distress.
Other Information
The verdict was reached approximately two years and two months after the case was filed. A mediation was held on Feb. 1, 1997 before David Rudy of American Arbitration Association. it did not resolve the matter. The Court ruled that Hendrick Automotive Group was the employer as a matter of law. The jury found in favor of the plaintiff on the harassment and defamation claims and in favor of the defendants on the sex discrimination claim.
Deliberation
2 or 3 days
Poll
12-0 (liability); 9-3 (damages); 9-3 (punitive damages)
Length
5 or 8 weeks
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