Facts

Plaintiff Tammi Herron began working as a sales representative for Niner Wine Estates, a winery in San Luis Obispo County, in July 2007. She abruptly resigned in November 2007. In December 2007, Herron filed a lawsuit against Niner Wine Estates and its owner, Richard Niner, alleging claims for sexual harassment and constructive wrongful termination against Niner Wine Estates, and claims for battery and sexual harassment against Richard Niner.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that 69-year-old winery owner Richard Niner propositioned 42-year-old plaintiff Tammi Herron while at a dinner meeting, essentially asking plaintiff to be his mistress and to be able to see plaintiff whenever Niner was in town. Plaintiff alleged she refused the overtures. Plaintiff maintained that while driving Mr. Niner back to the Niner Wine Estates office, Mr. Niner forced himself on plaintiff, kissing her twice with an open mouth. Plaintiff argued that she had only been on the job for 4 months and that defendant's conduct showed why Mr. Niner had hired plaintiff.

DEFENDANTS' CONTENTIONS:
Defendants denied plaintiff's allegations that Richard Niner engaged in any inappropriate conduct towards her. Specifically, defendants denied that Richard Niner made inappropriate sexual advances, grabbed and/or kissed plaintiff. Evidence supporting defendants' denial included testimony of co-workers (and plaintiff's admission) that she never complained about any inappropriate conduct directed towards her by Richard Niner. Defendants' evidence also included plaintiff's cell telephone records, which established that plaintiff called Richard Niner to set up the dinner meeting on Oct. 20, 2007, and called him on multiple occasions the week after the alleged events of Oct. 20 to talk about work-related matters, never once complaining about or even mentioning the alleged incidents about which she complained in the lawsuit. Niner Wine Estates also introduced evidence that plaintiff misrepresented to her supervisor what she was doing and whom she was doing it with during her employment, that she was not giving Niner Wine Estates her best work efforts, and that she created and submitted false sales and expense reports.

Damages

The plaintiff claimed an unspecified amount for general and punitive damages, plus fees and costs.

Result

The jury found in favor of the defendants and returned the following special verdicts: 12-0 in favor of Niner Wine Estates on the sexual harassment claim; 12-0 in favor of Richard Niner on the batter claim; and 9-3 in favor of Richard Niner on the sexual harassment claim.

Other Information

According to plaintiff's counsel, statements by the jury foreperson and other jurors after the verdict indicated that jurors were confused by one or more of the special verdict forms and believed that Mr. Niner kissed plaintiff, but not in the workplace. Defense counsel has disputed this claim as gratuitous and baseless. Defense counsel has also pointed out that the jury was not polled after it returned the special verdicts.