Facts

David Martorano was appointed a “chief” psychiatric resident at the University of California at Los Angeles (UCLA) Neuropsychiatric Institute. He was terminated from the Chief position and reverted to regular resident status following termination on an alleged affair with his supervisor, Heather Krell. Martorano sued UCLA and Krell for sexual harassment. Krell countersued for invasion of privacy and defamation.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that his relationship with Krell was not consensual preceding his termination. The plaintiff claimed Krell spread rumors that the plaintiff was a dishonest, bipolar misogynist, creating a hostile work environment that led to his termination from the appointment. Counsel presented evidence that the couple often phoned each other late at night and watched a porn documentary entitled “The Fluffer.” Former colleagues corroborated the plaintiff’s claim that Krell “came on” to him.

DEFENDANT'S CONTENTIONS:
Krell denied the affair and rumors. She accused plaintiff of fabricating the relationship to seduce another doctor. UCLA denied any sexual harassment. It claimed if there was a sexual relationship it was consensual. UCLA conducted an internal investigation which the court did not allow into evidence.

Settlement Discussions

The defendants offered no money.

Damages

The plaintiff claimed unspecified damages for wage loss and pain and suffering. Krell sought $1 in nominal damages, as well as punitive damages.

Result

Defense. Neither Martorano or Krell received a monetary award.

Deliberation

one day

Poll

10-2 (on complaint), 12-0 (on cross-complaint)

Length

12 days