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Keywords

lawsuitdamagestrialmotionharassmentwrongful terminationpunitive damagesjury trial
damagesmotionharassmentpunitive damages

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Norcon, Inc. v. Kotowski, 971 P.2d 158, 137 Lab.Cas. P 58,588

Facts

Mary Kotowski was employed to clean up the Exxon Valdez oil spill and worked for Norcon, Inc. She experienced sexual harassment from her supervisor, Mike Posehn, who made unwanted advances and invited her to parties where alcohol was consumed. After reporting the harassment, Kotowski was transferred to a less desirable position and ultimately terminated under questionable circumstances. She filed a lawsuit against Norcon, alleging wrongful termination and harassment, which led to a jury trial.

Kotowski was dispatched by her labor union in Fairbanks to work for Norcon on June 15, 1989.

Issue

The main legal issues included whether Kotowski was subjected to sexual harassment, whether her termination was retaliatory, and whether the punitive damages awarded were excessive.

Most of the issues in this case require that we view the evidence in a light most favorable to Kotowski.

Rule

The court applied legal principles regarding sexual harassment, emotional distress claims, and the standards for punitive damages, determining that the evidence supported the jury's findings.

The jury found Norcon liable to Mary Kotowski for sexual harassment, intentional infliction of emotional distress, and negligent infliction of emotional distress.

Analysis

The court found that the jury had sufficient evidence to support the claims of sexual harassment and emotional distress against Norcon. The court noted that Kotowski's experiences with Posehn constituted harassment under the law, and her termination was linked to her complaints about the harassment. However, the court also recognized that the punitive damages awarded were disproportionate to the harm suffered, leading to a remittitur.

We hold that the evidence warranted a punitive damages award, but that the existing award is excessive.

Conclusion

The Supreme Court affirmed the jury's findings on sexual harassment and emotional distress but vacated the punitive damages award, remitting it to $500,000 due to its excessive nature.

We conclude that the maximum allowable punitive damage award is $500,000 and order a remittitur to that amount.

Who won?

Mary Kotowski prevailed in her claims against Norcon, Inc. because the jury found sufficient evidence of sexual harassment and emotional distress, leading to a significant damages award.

A jury found Norcon, Inc., liable to Mary Kotowski for sexual harassment, intentional infliction of emotional distress, and negligent infliction of emotional distress.

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