Facts

Plaintiff Mirtha Sornia, a 36-year-old bus driver, claimed she was sexually harassed by her supervisor, defendant Benny Carter, from September 2001 to September 2002. Carter was the director of transportation for the defendant El Centro Elementary School District. The plaintiff claimed Carter harassed her by making verbal sexual comments, suggestions and advances. The harassing behavior included comparing a broomstick to the size of his penis, visiting her at her home and her child's school, suggesting that she use a water bottle to pleasure herself, suggesting she was having an affair with a co-worker, and pantomiming as if he were performing oral sex on her. The plaintiff asserted that Carter gave her samples of his pubic hair, which she kept as evidence. After she complained to the school district's human resources manager, Carter's sexual harassment ceased.

PLAINTIFF’S CONTENTIONS:
The plaintiff sued Carter and the school district for sexual harassment and hostile work environment under a theory of strict liability. The plaintiff's notes on specific incidents of harassment were entered into evidence. The plaintiff did not introduce any witnesses who saw Carter harassing plaintiff.

DEFENDANTS’ CONTENTIONS:
The defendants denied the incidents ever occurred and asserted that the plaintiff made up the claims to get back at her supervisor who had allegedly made her angry a couple of times. The defense noted that Carter had been an employee of the school district for 36 years without a complaint on his record.

Settlement Discussions

The plaintiff demanded $100,000.

Damages

The plaintiff sought $500,000 for pain and suffering, along with punitive damages under the theory that Carter acted with malice. In assessing punitive damages, the jury was informed of Carter's limited real estate capital. The plaintiff's counsel also asserted that Carter had conspicuously withdrawn about $20,000 from his savings account the year before trial in an attempt to conceal his monetary worth. The defendants asserted that plaintiff's emotional distress was caused by unrelated family problems. Carter countered that he withdrew $20,000 because his wife was on disability, and he was supporting 10 family members who all lived in his home. Carter retired in 2003.

Injuries

The plaintiff is married with two young children and is still a bus driver for the school district. She saw a psychologist for two years intermittently for anxiety and panic attacks that she claimed she suffered from as a result of the harassment. She claimed the anxiety lasted for a year after the harassment stopped.

Result

The jury found in favor of plaintiff. It found that Carter harassed the plaintiff and awarded her $432,500. The school district is responsible for $40,000 in compensatory damages, and Carter is responsible for $32,500 in punitive damages.

Deliberation

one day

Poll

8-0

Length

four days