Lina Arbelia v. Applied Magnetics Corp.
Published: Mar. 18, 2000 | Result Date: Sep. 24, 1999 | Filing Date: Jan. 1, 1900 |Case number: 223585 Verdict – $366,336
Judge
Court
Santa Barbara Superior
Attorneys
Plaintiff
Michael J. Faber
(Law Offices of Michael J. Faber)
Defendant
Experts
Plaintiff
Marjorie Geis
(medical)
Joseph Johnson
(medical)
Joy Jansson
(technical)
Facts
The plaintiff, a 36-year-old mother of two, had a masterÆs degree in chemical engineering and worked as a
manager for defendantÆs "chem mix" department. Her department manager, John Shellabarger, had been
employed by the company for 30 years. He was 67 years old.
Beginning in September 1995, Shellabarger began attempting to kiss plaintiff several times a week, making
lewd suggestions. For example, he suggested to plaintiff "Why donÆt we go into my office" during a power
failure.
After plaintiffÆs breast surgery in October 1996, Shellabarger offered to allow her to take time off so he could
"see the results." Around March 1997, when he attempted to kiss plaintiff, she turned away to avoid his
advance. For the first time, he forcibly turned her head back towards him, grabbed her body and kissed her.
PlaintiffÆs husband became enraged when plaintiff reported the events. Her husband called defendantÆs
executive vice president and demanded that he take action.
Defendant then began an investigation which included interviewing several people. When Shellabarger was
interviewed, he admitted to some, but denied most, of the conduct alleged by plaintiff, especially the most
egregious aspects. Based on its investigations and ShellabargerÆs admissions, defendant fired him one week
after the incident had been reported.
Shortly thereafter, plaintiff took a stress leave disability and eventually resigned from her employment.
Settlement Discussions
Plaintiff demanded $150,000 prior to the start trial. Defendant offered $60,000.
Injuries
The plaintiff suffered a complete breakdown, including severe clinical depression and obsessive-compulsive disorder, which was manifested by plaintiffÆs hair pulling. Moreover, plaintiff continued to take several medications, including Prozac and Ativan. Her primary claim was not for economic loss, but rather emotional distress.
Result
$285,000 compensatory damages which was reduced by the court to $171,000 plus court awarded attorney's fees of $195,336, for a total of $366,336.
Other Information
PLS. MAKE YOUR CHANGES ASAP. THIS CASE IS FOR MARCH 17, EMPLOYMENT LAW SPECIAL ISSUE. THANK YOU.
Length
two weeks
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