CourtCases2010

In its final judgment the trial court based upon its

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Unformatted text preview: a verdict in which it found for Mrs. Russell on the claims of sexual harassment and retaliatory discharge and for Mr. Russell on the loss of consortium claim. The jury awarded Mrs. Russell $1,516,000 in damages and Mr. Russell $55,000 in damages. The jury found for Doral on the claim of negligent retention. After the jury verdict, Doral filed a Motion for Judgment Notwithstanding the Verdict or in the Alternative for New Trial in which it also moved for a remittitur. The trial court granted the motion, granting judgment notwithstanding the verdict for Doral on the retaliatory discharge claims, the claim of sexual harassment, and the loss of consortium claim. The trial court also noted that it would, in the event that it was determined on review that judgment notwithstanding the verdict was improvidently entered, grant Doral's alternative motions for new trial and remittitur. On the sexual harassment claim, the trial court found that Mrs. Russell's testimony was inherently incredible and so thoroughly contradicted by her actions that there was not sufficient evidence to support the jury's determination that she was subjected to conduct of a sexually offensive nature, and that she had complained about it to Doral. On the claim for retaliation for making a sexual harassment complaint, the trial court found that the non-sexual conduct described above did not constitute sexual harassment, and therefore Mrs. Russell's complaints about those matters were not complaints of sexual harassment. The trial court further found that, as to the allegation of the groin attacks, (1) there was not sufficient evidence to establish that any decisionmaker was aware of any complaint about that conduct, and (2) McDaniel, who was Mrs. Russell's immediate 121 supervisor, was not a decisionmaker. As for the claim for retaliation for filing a Workers' Compensation claim, the trial court found that the decisionmakers reasonably believed that Mrs. Russell did not have permission to leave work. Thus, according...
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