Opinion
CASE NO. 2:02CV-0040B
December 15, 2003
THOMAS P. BROWN IV, ALYCE A. RUBINFELD, SHERRY B. SHAVIT, EPSTEIN BECKER GREEN, P.C., Los Angeles, California, for Defendant
Bel-Ami J. de Montreux, SALT LAKE CITY, UTAH, for Plaintiff
STANFORD B. OWEN, FABIAN CLENDENIN Salt Lake City, Utah, for Defendant
JUDGMENT ON SPECIAL VERDICT
This action came on regularly for trial on October 14, 2003, in Courtroom 246 of the United States District Court of Utah, before the Honorable Dee Benson, Chief Judge presiding; Plaintiff Paula Manjarrez appearing by attorney Bel-Ami de Montreux of Montreux Freres, P.C., and Defendant Sky West Airlines, Inc. appearing by attorneys Thomas P. Brown IV of Epstein Becker Green, P.C. and Todd Emerson of Sky West Airlines, Inc.
A jury of twelve persons was regularly empanelled and sworn. Witnesses were sworn and testified, After hearing the evidence and arguments of counsel, the jury was duly instructed by the Court and the case was submitted to the jury with directions to return a verdict on special issues. The jury deliberated and thereafter returned into court with its verdict on October 17, 2003, consisting of the special issues submitted to the jury and the answers given by the jury which said verdict was in words and figures as follows to wit:
1. Has Plaintiff proven, by a preponderance of the evidence, that she was subjected to Quid Pro Quo sexual harassment because Robin Wall requested sexual favors, which were refused, on December 13, 2001? NO.
2. Has Plaintiff proven, by a preponderance of the evidence, that her employment conditions included conduct that was sufficiently severe and pervasive to create a hostile work environment and constitute sexual harassment? NO.
3. Has Plaintiff proven, by a preponderance of the evidence, that Sky West retaliated against her for complaining of sexual harassment and for continuing to retain her attorney and maintain her lawsuit? NO.
4. If you have answered any of the above questions in the affirmative, what damages if any should be awarded? Unanswered.
It appearing by reason of said special verdict that: Defendant is entitled to judgment in its favor. NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that judgment be entered in favor of Defendant SkyWest Airlines, Inc. and against Plaintiff Paula Manjarrez. Costs of suit to be awarded to Defendant as the prevailing party.