Starrs, Young v. The Morrow Institute Inc., et al.
Published: Dec. 9, 2000 | Result Date: Sep. 8, 2000 | Filing Date: Jan. 1, 1900 |Case number: INC006315 Verdict – $0
Judge
Court
Riverside Superior
Attorneys
Plaintiff
David B. Mule
(FitzGerald & Mule LLP)
Defendant
Robert D. Vogel
(Jackson Lewis PC)
Facts
The plaintiffs worked at The Morrow Institute as cosmetic surgery coordinators for approximately 1+ years.
During the last six months, they were employed by an employment staffing agency, assigned to work at The
Morrow Institute. They were both placed on stress leaves of absence by the same physician in February 1998.
Shortly thereafter, they commenced litigation alleging the director of The Morrow Institute, David Morrow,
M.D., sexually harassed them; invaded their privacy by asking them to take psychological examinations
(MMPI) and listening to or recording their private telephone conversations at work and constructively
terminated them.
Both plaintiffs asserted claims for statutory hostile work environment sexual harassment, invasion of privacy,
wrongful constructive termination in violation of public policy, intentional infliction of emotional distress and
constructive wrongful discharge in breach of an implied employment contract and breach of the implied
covenant of good faith and fair dealing.
Damages
The plaintiffs waived their claim to compensatory damages for lost and future wages and benefits at the commencement of trial and did not indicate during trial an amount of general damages for emotional distress.
Other Information
The court granted the defendantsÆ summary adjudication motion on the two contractual claims and the tort claim for wrongful constructive termination in violation of public policy. Immediately prior to trial, the court granted the defendantsÆ motions in limine that the plaintiffs had no reasonable expectation their personal telephone conversations at work would not be monitored or recorded and they were not sexually harassed and their privacy was not violated by the defendants merely asking that they take the MMPI, which was never scored or analyzed.
Deliberation
1.5 hours
Length
two weeks
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