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Jones v. Yellow Freight Systems8/1/2000
Appellant Yellow Freight Systems, Inc. challenges the trial court's order granting judgment in favor of respondent David A. Jones on his sexual harassment claim, denying its motion for judgment notwithstanding the verdict (JNOV) on Jones's battery claim, and awarding a 50% enhancement to Jones's attorney fees based on contingency factors. Yellow Freight also claims that the trial court erred in not ordering a new trial on the grounds that (1) Jones surprised Yellow Freight at trial with graphic photographs that he should have produced during discovery; (2) the negligence claims should never have been submitted to the jury; (3) the court improperly excluded Yellow Freight's expert from testifying; (4) the jury did not state which part of the damages award pertained to the battery claim versus the negligence claims; (5) the damages granted were excessive; and (6) the compensatory damages awarded by the trial court were duplicative of the jury's award. We affirm in part and reverse in part.
FACTS
Jones worked at Yellow Freight as a dock worker and truck driver for more than ten years. He is a member of the Teamsters union with significant seniority. In 1997, several incidents took place at Yellow Freight that gave rise to the claims on appeal.
In April 1997, Jones was walking in the dock area while returning from lunch when Ed Spotts, a dock supervisor/shift operations manager, grabbed his left buttock. As a reaction, Jones threw his drink over his shoulder, splashing Spotts. Jones did not report the incident immediately because he was afraid of retaliation, but approximately three days later, he reported it to Paul Trautwein, a general operations manager. While Jones claims Trautwein replied, "Spotts wouldn't do that," Trautwein testified that he told Jones that such conduct was not accepted and would have both of them meet and apologize to each other. Jones claims the meeting never took place. Trautwein did not report the incident "higher up" because he believed the situation had been handled.
Approximately one week later, Jones also reported the incident to Jeff Harvey, the terminal manager, who responded that "sexual harassment comes in many forms and many ways, and it will not be tolerated at Yellow Freight." He further told Jones he would address the issue with co-workers at an upcoming meeting, which according to Jones never took place. Harvey told Spotts that the conduct was inappropriate. Both Spotts and Jones agreed that prior to this incident they had a "good" relationship.
About one week after Jones spoke to Harvey, John Ryan, a general operations manager, grabbed and pinched Jones's buttocks, stating, "what a dead ass you have." Jones was very upset by the incident, and went to a trailer and cried. Shortly thereafter, graffiti appeared on the bathroom walls stating that Jones and Ryan were lovers and that Ryan was "doing him in the ass." There were also death threats against Jones. Jones never reported this incident to management and admitted that prior to this incident, Ryan had not done anything to offend him.
Jones also testified that while he was lying face down on a bench during his lunch break, taking a nap, Randy Nygaard, a co-worker, grabbed the back of his belt and simulated anal sex with him. Jones turned around and pushed him off. After this incident he was afraid to go to work. His physician referred him to a psychiatrist. Approximately one week later, Jones reported the incident to Steve Rhodus, a manager. In response to that report, Harvey met with Nygaard and told him that he was to have no further contacts with Jones. Jones testified that he never had any problems with Nygaard before this incident.
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