Other Torts

Other Torts

A.J. & D.D. v. State of Alaska, $2,400,000 settlement for abuse in foster care system

$2,400,000 settlement for abuse in foster care system — Superior Court, Anchorage, Alaska, 2008. Two boys abused and neglected in state foster care sued state agency for failing to protect them from abusive foster parents. For more details, see our News page. Ken Friedman led FR’s trial team. FR’s co-counsel was Chris Schleuss, Anchorage, Alaska.

Martin v. Pacificare, $1,552,466.10 verdict against HMO

$1,552,466 verdict against HMO for sending patients to questionable medical facility where plaintiff was infected with Hep C. – District Court, Clark County, Las Vegas Nevada.

Dodson v. Morgan Stanley, $750,000 settlement for gender discrimination

$750,000 settlement for gender discrimination – U.S. District Court, Seattle, Washington, 2007. Woman who had worked as a Financial Advisor for Morgan Stanley from 1996 to 2005 filed suit in 2006 alleging that she was denied a lucrative joint production agreement with a senior advisor when the partnership was given to a less experienced and less qualified male broker in the office. For more details, see our News page. Ken Friedman of Friedman | Rubin and Terry Venneberg represented Ms. Dodson.

Rollins v. King County Metro Transit, $250,000 verdict for victims of beating on bus

$250,000 verdict for victims of beating on bus — Superior Court, Seattle, Washington, 2007. Bus driver allowed rowdy group to board bus and ignored subsequent attack on young couple. For more details, see our News page. Ken Friedman of Friedman | Rubin represented Ms. Rollins.

EEOC v. National Education Association, $750,000 settlement against National Education Association (NEA) and National Education Association-Alaska (NEA-AK)

$750,000 settlement against National Education Association (NEA) and National Education Association-Alaska (NEA-AK) — U.S. District Court, Anchorage, Alaska, 2006. Three former employees of NEA Alaska sued for gender discrimination following repeated harassing and abusive behavior by their supervisor at the teacher’s union state offices. This case is reported at 422 F.3d 840 (9th Cir.2005) As the Ninth Circuit noted. The record in the case revealed “numerous episodes of [the supervisor] shouting in a loud and hostile manner at female employees. The shouting was frequent, profane and often public. In addition to the “shouting” and “yelling” described by the appellate court, it was recognized that the supervisor’s “verbal conduct also had a hostile physical accompaniment.” Ken Friedman of Friedman | Rubin and Terry Venneberg represented the individual plaintiffs. Carmen Flores and Jennifer Goldstein represented the EEOC.

C.H. and R.H. v. Professional Guardian Services Corporation, $610,000 for breach of fiduciary duty

$610,000 for breach of fiduciary duty — Superior Court, Bethel, Alaska, 2007. Minors’ assets under protection of a professional conservator were squandered by children’s grandmother. PGSC failed to take control of funds, failed to file an inventory of the children’s assets within 90 days as required by Alaska law or file the required annual reports. Plaintiffs argued that PGSC’s failure to realize that the bank accounts were not protected, together with other violations of its fiduciary duties, amounted to a gross deviation from its obligations to the children and thus justified economic, non-economic, and punitive damages. PGSC filed a third party complaint against First National Bank, which contributed to the settlement. FR’s co-counsel was Chris Schleuss, Anchorage, Alaska.

Chavez v. El Dorado Stone, $475,000 for sexual harassment of female worker

$475,000 for sexual harassment of female worker — U.S. District Court, Seattle, Washington, Dec. 20, 2004. Company failed to prevent one of its supervisors in its Washington plant from sexually harassing two female employees and then fired four other employees of both genders in retaliation when they complained about the harassment. The harassment was both verbal and physical, culminating in an alleged attempted sexual assault on one of the women. FR’s Co-Counsel was Terry Venneberg, Bremerton, Washington.

Mulock v. City of Kodiak, $950,000 jury verdict for wrongful termination of city police officer.

$950,000 jury verdict for wrongful termination of city police officer.

Luse v. Ketchikan Gateway Borough, of $526,000 compensatory damages in wrongful termination case

Luse v. Ketchikan Gateway Borough US District Court, Anchorage, Alaska, 4/1998. Jury verdict of $526,000 compensatory damages in wrongful termination case. FR’s Co-counsel was Elizabeth Dronkert, Bainbridge Island, WA.

Jones v. ERA Aviation, $415,000 compensatory and $750,000 punitive damages

Superior Court, Anchorage AK, 10/1998. Defamation case against former employer. $415,000 compensatory and $750,000 punitive damages. Settled for confidential amount.

Alaska Housing Finance Corporation v. Salvucci

Former state employee brought action against state employer alleging breach of contract and Whistleblower Act violations. Employee was awarded $43,200 in lost past wages and benefits, $144,234 in lost future wages and benefits, $500,000 in punitive damages and $62,493.30 in prejudgment interest. On appeal, 950 P.2d 1116 (Alaska 1997), court held that: (1) employer breached its employment contract with employee; (2) Whistleblower Act protects public employee who submits written report of matter of public concern to his own employer; (3) Whistleblower Act does not authorize award of punitive damages against state or its instrumentalities; and (4) remand was required for recalculation of prejudgment interest.

Rink v. Norton Sound Economic Development Corp.

Superior Court, Anchorage, Alaska, September 2001. Jury verdict in defamation case. $400,000 judgment. FR’s Co-counsel was Terry Venneberg, Bremerton, WA.

Sizemore v. U.S. News & World Report

Defamation action on behalf of former Naval serviceman, claiming defamation from magazine article about PTSD. After two years of litigation, confidential monetary settlement and prominent apology published worldwide in all U.S. News affiliated publications.

Doe v. Port of Seattle

Confidential settlement in civil rights action where a woman was violently arrested by police without justification, shoulder injuries, emotional distress.

*Disclaimer: Many of the judgments entered were larger than the verdicts, due to the addition of statutory interest, attorney fees and/or costs. Many of the verdicts were either reduced on appeal, or settled for amounts less than the judgment. These cases and results are a sampling of results achieved. This does not constitute a promise, guarantee or warranty of any kind. Results differ from case to case.