Case details
Plaintiff claimed employer retaliated after reporting assault
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In July 2007, plaintiff Carly Cooter, a beverage cart server in her 20s for Angeles National Golf Club, was allegedly subjected to sexual assault on the golf course by a golfer. She claimed that the company mishandled the investigation into her sexual assault and retaliated against her after she complained about the incident. She claimed that as a result her hours were reduced and that she was ultimately terminated. Cooter sued her employers, Angeles National Golf Club and Angeles National Restaurant Service; and employees Mariko Ito, Ben Krug, Andy Nakano, Shin Nakano, Suzuki Sotoro and Cheryl Vargas. She alleged that the defendants’ actions constituted gender discrimination, retaliation, harassment, and intention infliction of emotional distress, resulting in her wrongful termination in violation of the Fair Employment and Housing Act. She also alleged that Angeles National Golf Club and Angeles National Restaurant Service failed to prevent the harassment and that their actions created a hostile work environment. In addition, she alleged that the defendants failed to provide her with meal and rest periods, and that their actions were a breach of contract. The individual defendants were ultimately dismissed for a waiver of costs. The court also granted nonsuit on the breach of contract claim at the close of plaintiff’s case-in-chief, and the plaintiff’s claim of unpaid wages were adjudicated in advance of trial. Thus, the matter went to trial against Angeles National Golf Club and Angeles National Restaurant Service only on the plaintiff’s remaining claims. Cooter claimed that she was subjected to a sexual assault by a golfer, but that the company mishandled the investigation into her claim. She also claimed that she was retaliated against and further harassed after she complained about the incident. Specifically, Cooter contended the company posted her incident report in the Pro Shop, forced her to wear an objectifying uniform, picked on her for not wearing her name tag or complying with the dress code, and reduced her hours. She also contended that the management team became “distant” and gave her dirty looks after hearing about her sexual assault claim. Defense counsel argued that Angeles National Golf Club and Angeles National Restaurant Service not only immediately and properly investigated the alleged sexual assault incident, but evidence was presented that the company began implementing a standard uniform policy prior to Cooter’s complaints. Counsel further contended that the uniform policy was enforced for all employees, both men and women. In addition, defense counsel argued that there was no continuing violation and that many of Cooter’s claims were statutorily time-barred., Cooter claimed that she suffered severe emotional distress as a result of the defendants’ actions, causing her to gain 40 pounds and find alternative employment, which involved working multiple jobs to make ends meet. Specifically, she worked as a bartender/cocktail waitress at Howl at the Moon piano bar since April 2008 and as a Promotions Assistant for KLOS Radio since mid-2009. Thus, Cooter sought recovery of damages for her past and future economic losses, including five years of psychological counseling and commuting expenses. She also sought recovery of emotional distress damages and other non-economic damages. Defense counsel disputed the plaintiff’s expert’s testimony about Cooter being anxious and depressed, and presented contradictory evidence in the form of images and entries from Facebook and other web sites and blogs. In addition, the defense’s psychiatry expert testified that Cooter had a pre-existing personality disorder, limited insight and overwhelming sense of entitlement.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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