California Court of Appeal

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Turman v. Turning Point of Cent. California, Inc., H032576

In plaintiff's suit against her former employer for gender discrimination based on disparate treatment and hostile work environment, jury verdict in favor of the defendant is reversed and remanded where: 1) there was not substantial evidence to support the jury's finding that defendant took corrective action to alleviate the abuse to which the plaintiff was subjected; 2) the trial court's decision to instruct the jury on disparate impact, rather than disparate treatment was appropriate, and was not in error; 3) plaintiff has not met her burden of demonstrating that a miscarriage of justice occurred based on deficiency in the special verdict for disparate impact; and 4) because, as pled in the complaint, facts do not rise to the level of malice, oppression or fraud necessary under Civ. Code section 3294 to state a claim for punitive damages, the punitive damages allegations should not be revived on remand.

Appellate Information

  • Decided 12/21/2010
  • Published 12/21/2010

Judges

  • RUSHING

Court

  • California Court of Appeal

Counsel

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