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Nelson v. University of Hawaii12/11/2001
claim, that the alleged conduct had the purpose or effect of either (a) unreasonably interfering with work performance, or (b) creating an intimidating, hostile or offensive work environment. Id. Nelson was not required to prove any tangible effect upon her work or alteration in the condition of her employment in addition to the creation of an intimidating, hostile or offensive work environment. See, e.g., Harris, supra note 11 and accompanying text. Instruction No. 9 indicated that Nelson was required to prove that the conduct had the purpose or effect of both altering the conditions of employment and creating an intimidating, hostile, abusive, or offensive working environment. Thus, the instruction may have led the jury to believe, incorrectly, that Nelson was required to prove some alteration in the conditions of employmentbeyond the creation of a hostile, abusive, or offensive work environment.
Lastly, by instructing the jury that " ere isolated incidents of harassment are not sufficient," the court incorrectly suggested that a single act, even if it was severe, could not establish a claim. See Ellison, 924 F.2d at 878 (" he required showing of severity or seriousness of the harassing conduct varies inversely with the pervasiveness or frequency of the conduct.") (Citing, inter alia, King v. Board of Regents of Univ. of Wisconsin Sys., 898 F.2d 533, 537 (7th Cir. 1990) (stating that "a single act can be enough")).
Based on the foregoing, we hold that the trial court's jury instruction regarding the elements of a HESH claim, when considered as a whole, was prejudicially erroneous and misleading.
C. JNOV
As previously stated, the jury returned a verdict in favor of Nelson on her NIED claim and awarded Nelson $50,000 in damages. Defendants' moved for JNOV pursuant to Hawaii Rules of Civil Procedure (HRCP) Rule 50(b) (1980), seeking to set aside the verdict and have judgment entered in their favor by arguing that Nelson's NIED claim was barred by the exclusive remedy provision of the workers' compensation law, i.e., HRS § 386-5 (1993), quoted infra. The trial court agreed and granted Defendants' motion for JNOV. Nelson contends that the trial court erred in granting the motion because HRS § 386-5 does not bar an employee's claim for emotional distress related to sexual harassment.
It is well settled that a trial court's rulings on directed verdict or JNOV motions are reviewed de novo. In re Estate of Herbert, 90 Hawaii 443, 454, 979 P.2d 39, 50 (1999); see also Torres v. Northwest Eng'g Co., 86 Hawaii 383, 390, 949 P.2d 1004, 1011 (App. 1997).
Verdicts based on conflicting evidence will not be set aside where there is substantial evidence to support the jury's findings. We have defined "substantial evidence" as credible evidence which is of sufficient quality and probative value to enable a [person] of reasonable caution to support a conclusion.
In deciding a motion for directed verdict or JNOV, the evidence and the inferences which may be fairly drawn therefrom must be considered in the light most favorable to the nonmoving party and either motion may be granted only where there can be but one reasonable conclusion as to the proper judgment. Carr v. Strode, 79 Hawaii 475, 486, 904 P.2d 489, 500 (1995).
The trial court's ruling in this case was based on its interpretation of the exclusive remedy provision of the workers' compensation law.
When construing a statute, our foremost obligation is to ascertain and give effect to the intention of the legislature, which is to be obtained primarily from the language contained in the statute itself. And we must read statutory language in the context of the en
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Hawaii Personal Injury Attorneys
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