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Emerson v. Oak Ridge Research10/5/2005
Background
Plaintiff's Complaint alleged that she had been damaged by the actions of the defendants, Oak Ridge Research, Inc. a/k/a Oak Ridge Realty Holding, Inc, ("ORRI"), and Nathaniel Revis. She alleged that Revis sexually harassed her and created a hostile working environment, including unwelcome sexual comments and unwelcome physical touching. Further that Revis promised her job benefits and favors if she would submit to a sexual relationship with him.
Plaintiff alleged that an attorney acting on her behalf sent a letter to Revis complaining of such conduct, and that Revis immediately began to retaliate against her in the work place, and that she was terminated from her job on April 3, 1998. She also alleged the company was an alter ego of Revis and that Revis completely controlled the company, such that the corporate veil should be pierced and Revis should be held personally liable for any acts attributed to the corporation. Further, that Revis made fun of her religious beliefs, and thus violated the Tennessee Human Rights Act, and that the corporation was liable for retaliatory discharge, in that plaintiff was dismissed for refusing to remain silent about such behavior.
She alleged that Revis was liable for slander and assault and battery, and sought compensatory and consequential, as well as punitive damages, plus attorney's fees.
Defendants Answered, denying liability, and sought Summary Judgment. At that juncture, plaintiff filed a Motion to Amend Complaint, seeking to add a claim under Title VII, and also seeking to add a claim for attorney's fees under the Tennessee Whistleblower Statute. The Court overruled the Motion to Amend, and ruled that defendants should be granted summary judgment on plaintiff's THRA claims, because the company did not have a sufficient number of employees during the time of plaintiff's employment.
Plaintiff filed a Second Motion to Amend Complaint, to add a claim of common law retaliatory discharge, which the Court granted and overruled the remaining issues raised in defendants' Motion for Summary Judgment. Plaintiff dismissed her slander claim.
The trial before a jury lasted several days, with numerous witnesses testifying. Following closing arguments, the jury returned a verdict, finding that Revis made "an intentional attempt and unmistakable overt act coupled with the present ability to cause the plaintiff, Mrs. Emerson to reasonably believe that she was within the realm of harm or danger". The jury found that Revis' actions caused plaintiff harm, and that plaintiff suffered damages of $6,000.00. The jury further found that Revis made "bodily contact with plaintiff that was either unpermitted or harmful or offensive", that his actions caused her harm, and that she suffered damages of $12,000.00.
Regarding retaliatory discharge, the jury found plaintiff was employed by ORRI, and that she was terminated because she refused to remain silent about conduct that she had reasonable cause to believe violated a criminal or civil law. The jury found that ORRI's actions caused plaintiff embarrassment, humiliation, shame, or financial loss, and that plaintiff should be awarded $2,000.00 for her claims of embarrassment, humiliation, and shame. Further, the jury found plaintiff should be awarded $138,000.00 in back pay, and $13,800.00 in lost benefits from ORRI. Finally, the jury found that punitive damages were appropriate, by clear and convincing evidence.
The trial then proceeded on the issue of punitive damages. Following a presentation of the evidence, the jury further deliberated and returned a verdict awarding plaintiff punitive damages of $500,000.00. The court ente
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