CourtCases2010

Russell during this conversation mrs russell

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Unformatted text preview: .10. *374 Wetherington, Klein & Hubbart and Phillip A. Hubbart; Lauri Waldman Ross, Miami; Rasco Reininger Perez & Esquenazi and Steven R. Reininger, Miami, for appellants. Gunster, Yoakley & Stewart and Jack J. Aiello (West Palm Beach); Shankman & Westerman and David S. Shankman (Tampa), for appellees. Before SCHWARTZ, C.J., and COPE and LEVY, JJ. LEVY, Judge. Nisaratana Russell and George Russell, the Plaintiffs below, appeal from a Final Judgment. We reverse and remand with directions to reinstate the jury verdict in its entirety. Mrs. Russell and her husband filed an amended complaint against her former employer, KSL Hotel Corporation d/b/a Doral Golf Resort & Spa ("Doral"), alleging hostile work environment sexual harassment; retaliatory discharge (1) for complaining of sexual harassment to Doral management, and (2) for filing a Workers' Compensation claim; negligent retention based upon the continued employment of the Doral employee who allegedly harassed Mrs. Russell; and the husband's loss of consortium. 119 At trial, Mrs. Russell testified that she worked as a pastry chef at the Doral Golf Resort & Spa from November 1997 until early March 1998. Her immediate supervisor was a woman named Vandee McDaniel, the supervisor of the Doral pastry kitchen. Mrs. Russell testified that on her first day of work, Elman Holder, who was also employed by Doral as a pastry chef, stated that he was expecting Doral to hire a man and expressed his dissatisfaction because Doral hired a woman for the position. Mrs. Russell further testified that *375 when she introduced herself, Holder shook her hand but also pulled her towards him and kissed her on the cheek. According to Mrs. Russell, she protested but Holder laughed at her and made kissing noises. Mrs. Russell testified that she reported this incident to McDaniel. Mrs. Russell further testified that, over the next few months, Holder frequently came up behind her, made kissing noises, cursed at her, tapped her on the back, and laughe...
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