Assault and Battery, Emotional Distress

$100,000 Verdict

Type of Action: Sexual harassment

Type of Injuries: Emotional distress

Court/Case Number/Date: Jasper County Circuit Court/CV195-1182/Dec. 9, 1997

Caption: Shaver v. Stirewalt

ADR Attempts: None

Judge, Jury, or ADR: Jury

Name of Judge: William C. Crawford

Special Damages Claimed: $15,000 past lost wages, $130 past medical expense

Verdict or Settlement: $100,000 verdict

Allocation of Fault: N/A

Last Offer: $100

Last Demand: None

Attorneys for Plaintiff: Scott Gallagher and Roger Johnson, Joplin

Insurance Carrier: None

Plaintiff's Experts: None

Defendant's Experts: None

Facts of the Case: The plaintiff was a department head at H.E. Williams, a manufacturer of electrical supplies, who sued after being subjected to physical and verbal sexual harassment and retaliation.

The defendant was a forklift operator in another department. In February 1993, and again in September 1994, with witnesses present, he grabbed the plaintiff and gyrated his pelvis against her in a humping motion. He also taunted her repeatedly about it being "hump day." All of the incidents took place at the workplace.

After the second physical act of harassment she went over the head of her supervisor and filed a formal complaint with her employer. She also initiated an EEOC complaint in October 1994 and filed a lawsuit in July 1995, naming both the harasser and her employer as defendants.

The plaintiff contended that the acts of the defendant constituted sexual harassment as well as assault and battery. The defendant claimed that it was just horseplay.

The plaintiff also claimed that after she filed her complaint she was subjected to retaliation from co-workers, including the individual defendant, and that her employer failed to respond appropriately to the harassment.

In August 1996 she quit, claiming constructive discharge.

In September 1997, the company agreed to a settlement, which was kept confidential. The lawsuit proceeded with the individual as the sole defendant.

The $100,000 verdict included $37,000 in punitive damages.