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Cockle v. Nelson2/2/1999
Judges: Authored by Kenneth H Kato Concurring: Frank L. Kurtz Dennis J. Sweeney
Panel Nine
Ms. Cockle was a regular employee of Caterpillar. She also worked separately, as an independent contractor, performing janitorial services for Caterpillar. She initiated this action in June 1995, alleging male co-workers created a hostile and intimidating work environment that Caterpillar failed to remedy. The complaint sought damages for sexual harassment, intentional or reckless infliction of severe emotional distress, and negligent infliction of severe emotional distress. In an interrogatory, Ms. Cockle claimed damages of $1 million.
Ms. Cockle amended her complaint in July 1996, adding allegations that Caterpillar had terminated her janitorial services contract on November 30, 1995, in retaliation for bringing this action. The amended complaint repeated the earlier complaint's claims but added a fourth cause of action: Defendant Caterpillar, Inc., has breached its contract with the plaintiff as an independent contractor. Caterpillar's termination of the plaintiff's contract for janitorial services was wrongful and in retaliation for plaintiff's sexual harassment claim and is in breach of the implied term of good faith in its contract with the plaintiff.
Several of Ms. Cockle's claims were dismissed or voluntarily withdrawn. The case went to trial on the remaining claims, and a jury found Ms. Cockle had not been subjected to sexual harassment. However, it found Caterpillar liable for terminating her janitorial contract in retaliation for filing this action. The jury awarded economic damages of $18,000.
Ms. Cockle then requested attorney fees and costs related to the entire action. Caterpillar objected, arguing the fees and costs should be reduced to reflect lack of success, duplication of effort, and unproductive time. The superior court entered the following findings of fact:
1. Plaintiff was successful in pursuing her claim of retaliation under RCW 49.60, obtaining Judgement against defendant Caterpillar, Inc.{,} following jury trial in the amount of $18,000 as damages. Plaintiff's Judgement of $18,000 is significantly more than a de minimis or token award and is not minimal or nominal.
2. Plaintiff was not successful in pursuing at trial her asserted claim of discrimination against Caterpillar, Inc. Plaintiff was also not successful in pursuing her asserted claims of intentional/reckless infliction of severe emotional distress, negligent infliction of emotional distress, and breach of contract against defendants Morris Lee Nelson and Caterpillar, Inc.{,} which were dismissed prior to trial.
3. Plaintiff was the prevailing party, as plaintiff succeeded on a significant issue which achieved some benefit the plaintiff sought in bringing suit.
4. Plaintiff's claims were prosecuted zealously, and were met by a vigorous defense, throughout the subject litigation and lengthy jury trial.
5. Although plaintiff's attorney Ms. Michael was added to plaintiff's attorney team late in the litigation process, there is no substantial evidence that her efforts on behalf of plaintiff were not productive or were duplicative.
6. Plaintiff's attorneys undertook a difficult sexual discrimination case, and, by assisting plaintiff in prevailing on plaintiff's claim of related retaliation, vindicated plaintiff's right to be free from retaliation based on sex.
9. The Court, having considered a number of factors including the plaintiff's attorneys' usual billing rate, the level of skill required by the subject litigation, the time limitations imposed on the litigation, the amoun
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