Deloris Beckwith v. Dillard's Department Stores, Maria Rokovitz
Published: Jan. 3, 1998 | Result Date: Sep. 29, 1997 | Filing Date: Jan. 1, 1900 |Case number: A364772 – $4,825,000
Judge
Court
Nevada Superior
Attorneys
Plaintiff
Defendant
Facts
Since 1984, the plaintiff, Deloris Beckwith, age 64, had been employed as a manager of the Home Department at a Dillard's Department Store in Las Vegas. Having suffered an acute lumbar sprain due to an industrial accident at work, Beckwith was ordered to stay home by two separate Dillard's physicians. Despite this order, the store manager, Maria Rokovitz, demanded that she return to work. Plaintiff claimed that when she refused, the store manager retaliated. Upon her return to work, she was asked to leave a manager's meeting, demoted to an entry level sales position, had her $42,000 salary cut to $12 an hour, and lost corresponding benefits. Beckwith claimed that she quit one month shy of her 25th anniversary with Dillard's. She alleged it was due to being faced with the drastic cut in pay and being unable to endure the humiliation caused by the severe reduction in rank. Unable to find substantially similar employment, Beckwith sued, claiming that Dillard's had constructively discharged her in violation of public policy and intentionally inflicted emotional distress.
Settlement Discussions
The plaintiff gave offer of judgment in the amount of $187,500. The defendant gave no offers of judgment and made no offers of settlement.
Damages
The plaintiff claimed $425,000 in front and back wages and requested imposition of punitive damages. The defendant Dillard's claimed plaintiff sought these damages only against defendant Dillard's and not defendant Rokovitz.
Other Information
The verdict was reached approximately one year after the case was filed. An 8-member jury returned a unanimous verdict which found Dillard's was liable on both counts and awarded $625,000. In addition, Dillard's was found to have engaged in acts of malice warranting the imposition of punitive damages in the amount of $4.2 million. Post-trial, the punitive damage award was reduced to $1,875,000 due to Nevada's statutory cap on punitive damages at 3 times actual damages. The trial court further awarded plaintiff $518,000 in attorney fees and $44,000 in costs for an aggregate judgment of $3,062,000. Dillard's was fined $25,276.35 for non-compliance with orders to share information and for the VP's refusal to appear for his deposition. EXPERT TESTIMONY: Plaintiff's retail employment practices expert, Darlene Karn, testified that Dillard's handling of the matter had, for all practical purposes, ended the plaintiff's career and ruined any chance of obtaining substantially similar employment. POST-TRIAL: Defendant Dillard has bonded and appealed the judgment.
Deliberation
one day
Poll
8-0
Length
three weeks
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