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Unformatted text preview: ELL vs. KSL HOTEL CORP. (DORAL GOLF RESORT & SPA)
District Court of Appeal of Florida,
Nisaratana ("Kitty") RUSSELL and George Russell, Appellants,
KSL HOTEL CORP., a Delaware Corp., d/b/a Doral Golf Resort & Spa, et al.,
Nos. 3D02-2141, 3D02-1870.
Sept. 22, 2004.
Rehearing Denied Dec. 1, 2004.
Background: After jury verdict in favor of former employee, who brought action against
her former employer alleging hostile work environment sexual harassment, retaliatory
discharge, and loss of consortium, former employer filed motion for judgment
notwithstanding the verdict or in alternative for new trial. The Circuit Court, Dade
County, Eleanor Schockett, J., entered final judgment finding that manifest weight of
evidence was contrary to jury's verdict on each of the claims as to which jury found in
favor of former employee, and ordered remittitur to the amount of $75,000. Former
Holdings: The District Court of Appeal, Levy, J., held that:
(1) sufficient evidence supported jury's verdict finding in favor of former employee on
sexual harassment claim;
(2) former employee established "causal connection" element to establish prima facie
case of retaliation for sexual harassment complaint; and
(3) sufficient evidence supported contention that reason given by former employer for
former employee's discharge was a pretext for retaliation.
Reversed and remanded with directions.
When reviewing an order granting a judgment notwithstanding the verdict (JNOV), an
appellate court views evidence in a light most favorable to non-moving party, resolves all
conflicts in evidence in favor of non-moving party, and construes every reasonable
conclusion which may be drawn from evidence in favor of non-moving party.
A judgment notwithstanding the verdict (JNOV) is appropriate only in situations where
there is no evidence upon which a jury could rely in finding for the non-moving party. 117 An order granting a new trial is reviewed for an abuse of discretion, and such an order
should be affir...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08