Frances Babler v. Bilstein Corporation of America, et al.
Published: Jul. 6, 1996 | Result Date: Feb. 17, 1996 | Filing Date: Jan. 1, 1900 |Case number: 673112 – $38,016
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Manuel David Tobias
(medical)
Roberta J. Spoon
(technical)
Defendant
Richard Rappaport
(medical)
Facts
The plaintiff, Frances Babler, a 34-year-old clerical worker was employed by the defendant, Bilstein Corporation of America, for over eight years. The plaintiff claimed she was sexually harassed by employees of the defendant company from 1989 to March of 1992. The plaintiff alleged defendant employee Michael Duncombe sexually harassed her. The plaintiff claimed she was constructively terminated in November 1993. The plaintiff brought this action against the defendants, Bilstein and Duncombe, based on wrongful termination, sex descrimination, sexual harassment and battery theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $125,000 which was revoked. At the mediation, the plaintiff made a settlement demand for $500,000. The defendants made no settlement offers other than a waiver of costs.
Specials in Evidence
in excess of $50,000 in excess of $100,000
Damages
The plaintiff claimed in exess of $1 million in damages.
Injuries
The plaintiff alleged that she suffered emotional distress as a result of the defendants' conduct.
Other Information
The verdict was reached approximately two years and one month after the case was filed. Per the defendants, the trial judge found that the plaintiff welcomed and willingly invited sexual comments and conduct by male co-employees, found that none of the defendant's employees, including defendant Duncombe, sexually harassed the plaintiff. Per the defendants, the trial judge found that the one incident of Duncombe touching the plaintiff's breast constituted sexual battery "in the context of the other sexually explicit actions by Duncombe towards Babler.", and he awarded the plaintiff $5,500 against Duncombe only. The judge also awarded the plaintiff $32,516 (one year's salary) against Bilstein having found that Bilstein knowingly permitted the working conditions which the plaintiff complained of to exist. Per the plaintiff, the awarded attorney's fees and costs totaled approximately $111,000. Per the defendants, the awarded attorney's fees and costs totaled approximately $80,000.
Length
20 days
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