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Employment Law
Sexual Harassment
Retaliation

Vickii Garcia v. County of Napa Juvenile Probation Department, Arnold Mendoza, George Bullock, Ray Martinez

Published: Dec. 31, 2005 | Result Date: Aug. 3, 2005 | Filing Date: Jan. 1, 1900 |

Case number: 2623875 Verdict –  $0

Judge

Michael J. Byrne

Court

Napa Superior


Attorneys

Plaintiff

Duncan Footman


Defendant

Mark A. Jones

Kevin E. Gilbert
(Orbach, Huff & Henderson LLP)

Kimberly E. Colwell


Facts

Plaintiff Vickii Garcia, worked at Napa County Juvenile Probation Department. She worked as an "extra-help" employee for four years. Her job responsibilities entailed helping out and filling in for counselors. The plaintiff quit her position nine months after making her initial complaint. She sued Mendoza and Bullock for sexual harassment and Martinez for constructive discharge and retaliation. She also sued the probation department based on a respondeat superior theory. At the end of the plaintiff's case, Martinez was nonsuited.

Specials in Evidence

Plaintiff's estimated loss wages were between $50,000 and $140,000. As an hourly employee, plaintiff's annual income was approximately $30,000. She claimed the job she eventually obtained paid less.

Damages

The plaintiff left the actual award and damages to be determined by the jury. The plaintiff's estimated loss wages were between $50,000 and $140,000. As an hourly employee, the plaintiff's annual income was approximately $30,000. She claimed the job she eventually obtained paid less.

Injuries

The plaintiff claimed clinical depression and that due to the depression; she was not capable of obtaining work elsewhere for two years after resigning.

Result

The jury found in favor of the defense on liability.

Other Information

The plaintiff's motions for a new trial, JNOV and to tax costs were denied.

Deliberation

one day

Poll

12-0 (Mendoza), 10-2 (Bullock), 10-2 (Napa)

Length

three weeks


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