DURHAM v. ALPHAPOINTE (2021)

Missouri Court of Appeals, Western District.

Jodie DURHAM, Respondent, v. ALPHAPOINTE, Appellant.

WD 84197

Decided: December 21, 2021

Division Three: Lisa White Hardwick, Presiding Judge, Gary D. Witt, Judge and Edward R. Ardini, Jr., Judge

Kevin A. Jones, Kansas City, for Respondent. M. Courtney Koger, Kansas City, for Appellant.

ORDER

Respondent Jodie Durham initiated this action against her former employer, Appellant Alphapointe, asserting claims of sexual harassment, discrimination, and retaliation under the Missouri Human Rights Act. The Circuit Court of Jackson County struck Alphapointe's pleadings and defenses as a discovery-violation sanction and entered a default judgment in favor of Durham. After holding a hearing to determine damages, the trial court awarded Durham $250,000 plus $75,000 in attorney's fees. Alphapointe appeals, asserting the trial court erred by entering a default judgment as a sanction, awarding Durham damages that exceeded “the maximum statutory amount,” and refusing to allow Alphapointe to participate in the damages hearing. Durham has filed a motion with this Court requesting attorney's fees on appeal. We affirm the judgment of the trial court, grant Durham's motion for attorney's fees on appeal, and remand for a determination of the amount of reasonable attorney's fees. Rule 84.16(b).

PER CURIAM:

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