Sharon Orr v. Van Gilder Insurance Corporation
Published: Mar. 6, 1999 | Result Date: Sep. 21, 1998 | Filing Date: Jan. 1, 1900 |Case number: 96D1732 Verdict – $0
Judge
Court
USDC Colorado
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Jerry Boswell
(technical)
Defendant
Janet Johnson
(technical)
Facts
The plaintiff, Sharon Orr, had been employed as an account executive for the defendant, Van Gilder Insurance Corporation since June 1992. She claimed that at sometime during August 1995, the supervisor of her unit poked her in the chest area and struck her shoulder. The next day, the plaintiff reported the incident to the president of the defendant company. The supervisor denied making any physical contact with the plaintiff. After the plaintiff reported the incident, the president conducted an investigation, which involved, in part, meeting with the plaintiff and the supervisor, and asking them both to prepare statements describing what actually occurred. After the president received the plaintiff's second statement actually describing the alleged physical contact directed at her by the supervisor, he decided that she should be trasferred to another unit. During the month of October 1995, the plaintiff had discussions with the supervisor of the unit to which she was to be transferred about the timing of and logistics of the proposed transfer. The plaintiff claimed that during this same time period, her current supervisor continued to harass her by glaring at her as he walked past her office. The plaintiff testified that she reported this conduct to another officer in the company. At sometime during the middle of November 1995, the plaintiff advised the president that she was resigning because she remained fearful of her supervisor. At sometime following the plaintiff's resignation, the president sent letters to some of the clients/accounts serviced by the company, advising them of the plaintiffs resignation and briefly describing, the reasons why the plaintiff resigned from her position. The letters discussed the plaintiff's recent marriage, the recent death of her mother, and expressed the opinion that she was happy with the company and did not have immediate plans to return to the insurance business. The defendant's counterclaim was based upon a provision in the employment contract the plaintiff signed when she wsa hired as an account executive. Under the terms of the contract, she agreed that for a period of two years following the date of the termination of her employment, she would not contact or communicate with any customer, client or account that was coded to or assigned to her during the final twelve months preceding the effective date of the termination of her employment. The provision also provided that the plaintiff would pay liquidated damages equal to one and a half times the last annual gross commission earned by the Company for each and every client, customer or account coded to or assigned to the plaintiff who ceased their relationship with the Company and established a relationship with the plaintiff or any person or entity with whom the plaintiff became associated. The plalintiff brought this action against the defendant based on constructive discharge under Title VII and defamation theories of recovery. The defendant counter-claimed against the plaintiff on a breach of contract.
Settlement Discussions
The plaintiff made a settlement demand for $ ______. The defendant made an offer of compromise for $ ________.
Specials in Evidence
$ _______ $ _______
Damages
The defendant claimed $31,741.50 in liquidated damages for breach of contract.
Other Information
The verdict was reached approximately two years and two months after the case was filed. A jury awarded the company $22,887.52 in liquidated damages for breach of contract.
Deliberation
1½ days
Length
four days
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