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Stevenson v. Precision Standard9/17/1999
Vallarie Stevenson sued her employer, Pemco Aeroplex, Inc. ("Pemco"); one of Pemco's supervisors, Rick Windsor; and Pemco's parent corporation, Precision Standard, Inc. ("Precision"), alleging battery, the tort of outrage, and invasion of privacy. All of Stevenson's claims arose out of alleged conduct by Windsor that Stevenson viewed as sexual harassment.
After the trial court entered a summary judgment in favor of Precision, the case proceeded to trial against Pemco and Windsor. The evidence presented at trial was based upon Stevenson's allegations of sexual harassment, retaliation against her for her having complained about the alleged sexual harassment, and failure to supervise. Immediately before the trial court charged the jury, Stevenson dismissed her claim alleging the tort of outrage, as to both defendants. The trial court charged the jury on the law of agency, assault and battery, invasion of privacy, negligence, and wantonness.
The jury returned a verdict against Pemco, awarding Stevenson $1 million in compensatory damages and $3 million in punitive damages. However, the jury found in favor of Windsor. The trial court entered a judgment based on the verdicts. Pemco moved for a judgment as a matter of law ("JML") or, in the alternative, for a new trial or a remittitur. The court initially granted Pemco's motion for a new trial, based on the inconsistency of the verdicts. Upon a "motion to reconsider" filed by Stevenson, however, it reinstated the verdicts and granted Pemco's motion for a new trial, conditioned on Stevenson's refusal to accept a remittitur of the entire punitive-damages award; Stevenson accepted the remittitur. Pemco then filed a "motion to reconsider," which the trial court denied.
Pemco appeals from the denial of its posttrial motions (no. 1971194). Stevenson appeals from the order of remittitur (no. 1971222) and from the summary judgment in favor of Precision (no. 1970642). Stevenson does not appeal from the judgment in favor of Windsor.
The facts of this case are sharply disputed. Stevenson began working for Pemco in 1982. She testified that from early 1992 until November 1993 she worked under the supervision of Rick Windsor, who she claims sexually harassed her. She stated that Windsor made the following sexual overtures: on several occasions he invited her out for drinks; on one occasion, he invited her to the lake to go out on his boat; and on one occasion, he made a statement to her to the effect that there was a "tiger in that safari outfit" she was wearing.
Stevenson testified that after refusing Windsor's overtures she noticed that her job duties increased and that she was continuously harassed about her job performance. Stevenson further testified that she did not report any of the aforementioned overtures to Pemco's management, but that she did have her union steward or stewards file two separate grievances for her, one relating to Windsor's initial failure to respond to her initial request for a union steward, and the second relating to sexual harassment. Our review of those grievances as filed, however, reveals that they contain no allegations of sexual harassment. On cross-examination, Stevenson admitted that employees of Pemco often met at a "known watering hole" for drinks and that on several occasions she had stopped by that "watering hole" for purposes other than "getting drunk." Stevenson also admitted on cross-examination that it was another co-employee, Greg Gann, and not Windsor, who had initially brought up the subject of going to the lake.
Stevenson testified that the alleged sexual harassment culminated on October 7, 1993, when, she said, Windsor called her into an office, exposed hi
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