Craft v. Metromedia, Inc., 83-0007-CV-W-8.

CourtUnited States District Courts. 8th Circuit. Western District of Missouri
Citation572 F. Supp. 868
Docket NumberNo. 83-0007-CV-W-8.,83-0007-CV-W-8.
PartiesChristine CRAFT, Plaintiff, v. METROMEDIA, INC., Defendant.
Decision Date31 October 1983

Dennis E. Egan, Sarah W. Hays, Gage & Tucker, Kansas City, Mo., for plaintiff.

Donald W. Giffin, Sandra L. Schermerhorn, Mark P. Johnson, Spencer, Fane, Britt & Browne, Kansas City, Mo., for defendant.

MEMORANDUM OPINION AND ORDER

STEVENS, District Judge.

Plaintiff Christine Craft filed her four-count complaint against defendant Metromedia, Inc. on January 5, 1983. Count I alleges that defendant discriminated against plaintiff on the basis of sex in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Count II alleges that defendant paid plaintiff less than similarly situated male employees in violation of the Equal Pay Act of 1963, 29 U.S.C. § 206(d). Count III alleges that defendant made intentional fraudulent misrepresentations to induce plaintiff to accept employment. Count IV alleges that defendant's actions toward plaintiff, even if lawful, were intended to injure her and therefore constituted a prima facie tort.

Counsel prepared the case on an accelerated discovery schedule, and trial commenced on July 25, 1983. On the eleventh day of trial, a jury of two men and four women reached the following results: On Count I, the jury, sitting only in an advisory capacity under Fed.R.Civ.P. 39(c), found in favor of plaintiff. On Count II, the jury returned a verdict for defendant. On Count III, the jury found in favor of plaintiff and awarded actual damages of $375,000 and punitive damages of $125,000. Count IV was abandoned during trial and was not submitted to the jury.

Three matters are now before the court. First are findings of fact and conclusions of law on plaintiff's claim of sex discrimination. Second is plaintiff's motion for a new trial on her Equal Pay Act claim. Third is defendant's motion for judgment notwithstanding the verdict, new trial, or remittitur on the fraud count.

I. SEX DISCRIMINATION CLAIM

There is no right to a jury trial in discrimination actions filed under Title VII of the Civil Rights Act of 1964. Harmon v. May Broadcasting Co., 583 F.2d 410 (8th Cir.1978). Therefore, with respect to Count I, the jury functioned only in an advisory capacity under Fed.R.Civ.P. 39(c). See Order of July 22, 1983. This court is "at liberty to accept or reject the advisory verdict." Chicago & Northwestern Railway Co. v. Minnesota Transfer Railway Co., 371 F.2d 129, 130 (8th Cir.1967). Since the decision of an advisory jury is not binding on the court and presents nothing for appellate review, it is incumbent upon the court to enter findings of fact and conclusions of law under Fed.R.Civ.P. 52(a), just as if there had been no jury. See 9 C. Wright & A. Miller, Federal Practice and Procedure § 2335 (1971).

A. Findings of Fact

Plaintiff Christine Craft is a female citizen of the United States and is a resident and citizen of California, residing at the time of trial at 3557 Padaro Lane, Carpinteria, California. Defendant Metromedia, Inc. is a Delaware corporation with its headquarters and principal place of business in New Jersey. Its headquarters are located at One Harmon Plaza, Secaucus, New Jersey. Prior to May 18, 1982, defendant was the owner and operator, pursuant to a license issued by the Federal Communications Commission, of KMBC-TV, Channel 9 (hereinafter KMBC), in Kansas City, Missouri. KMBC has been a network affiliate of the American Broadcasting Company (ABC) throughout the relevant period. Plaintiff was employed at KMBC as a staff announcer and performed duties as a co-anchor and reporter from December, 1980, to August 14, 1981. At all times here relevant, R. Kent Replogle was vice president and general manager of KMBC and Ridge Shannon was news director. Replogle was the highest ranking station employee, and Shannon reported directly to him. On May 18, 1982, the assets of KMBC were acquired by the Hearst Corporation, which is not a party to this action.

Plaintiff received a liberal arts degree in English and anthropology from the University of California at Santa Barbara in 1968. Upon graduation, she was first employed for two years as a teacher of emotionally disturbed and retarded children. Thereafter she pursued other interests, particularly surfing, and supported herself with an assortment of part-time jobs. Eventually, plaintiff decided to pursue a career in broadcasting. In mid-1975, she was hired as a weeknight weather reporter at KSBW-TV, a small station in Salinas, California. During her tenure of approximately one and one-half years, plaintiff worked as an announcer, reporter, and substitute sportscaster, in addition to her job as weather reporter. In late 1976, plaintiff became the weekend weather anchor at KPIX-TV in San Francisco, California, which is the sixth largest television market in the nation. Plaintiff remained at KPIX for one year, and while there she also did some news reporting and substitute sports production and anchoring.

Plaintiff was next hired by CBS as the host of a segment of CBS Sports Spectacular entitled "Women in Sports." As part of this program, plaintiff was involved in summarizing weekly news concerning women's athletics and in producing weekly profiles of women athletes. While at CBS, plaintiff's appearance was altered by network makeup specialists. Her hair was cut short and bleached blonde, and she was required to use black eyebrow pencil and dark red lipstick. Plaintiff voiced objection to this treatment but did not voluntarily leave her employment at CBS because of it. "Women in Sports" was discontinued after thirty weeks. Plaintiff returned to California and engaged in pursuits other than television for about a year.

In mid-1979, plaintiff returned to television as a reporter at KEYT-TV in Santa Barbara, California, which is the 116th largest television market in the nation. Plaintiff also served as weeknight news anchor and occasionally presented sports and weather. Plaintiff resigned her employment at KEYT in December, 1980, to accept employment with defendant at KMBC in Kansas City.

Kansas City is the nation's twenty-seventh largest television market, and KMBC has two main competitors: KCTV (formerly KCMO-TV), Channel 5, the CBS affiliate; and WDAF-TV, Channel 4, the NBC affiliate. From July, 1978, to January 5, 1981, Scott Feldman was the solo anchor on the 6 p.m. and 10 p.m. weekday newscasts at KMBC. For several years prior to Feldman's arrival in 1978, defendant had been the ratings leader in the local television news market, but its ratings had slipped since Feldman's arrival. Research indicated that the decline was due to two factors: the appearance of co-anchors at KMBC's competitors, and a perception among viewers that Feldman lacked warmth, thereby diminishing his professionalism and authoritativeness. Based on that research and the presence of co-anchors at KMBC's competitors, Replogle and Shannon determined that KMBC should adopt a co-anchor format and that, in order to "soften" the image of its news presentation, the co-anchor should be a woman.

In the search for a female co-anchor, Shannon reviewed videotapes of numerous candidates. The Media Associates (later known as Audience Research and Development) of Dallas, Texas, a media consulting firm retained by KMBC, supplied a tape of plaintiff's work in Santa Barbara. Based on his review of many tapes, Shannon contacted several individuals, including plaintiff, to ascertain who was interested in and available to audition for the new co-anchor position. During their first telephone conversation in November of 1980, plaintiff told Shannon she was interested in the position so long as it did not involve a "makeover" of her appearance, such as she had experienced at CBS. Following further discussions, it was agreed that plaintiff would come to Kansas City for an audition, which occurred in late November, 1980. During renewed discussions about the nature of the job and the issue of plaintiff's appearance, Shannon explained the station had consultants who worked with on-air personnel in various areas, including delivery, clothing, and makeup. Plaintiff acknowledged her lack of expertise in matters of makeup and hair and indicated her willingness to work on her appearance with a consultant.

At the conclusion of the interview and audition, plaintiff was offered the position at a salary of $28,000. She returned to California with a copy of defendant's standard contract for personal services. Shannon and Replogle had advised plaintiff to review the contract with her attorney, and plaintiff contacted her friend, Robert Hamilton, an attorney and writer who had previous experience negotiating contracts for personal services.

In the weeks that followed, Hamilton negotiated with Shannon on behalf of plaintiff, with the following results: First, the term of the contract was reduced from three years to two years. Second, plaintiff's salary was increased to $35,000 during the first year and $38,500 during the second year. Third, the standard provision permitting defendant to terminate the contract at the end of each thirteen-week cycle was deleted; in lieu thereof, defendant retained the right to terminate the contract after twelve, eighteen, and twenty-four months, thereby giving plaintiff greater job security. On the other hand, defendant rejected Hamilton's request that plaintiff's position be specifically described as co-anchor; instead, the standard language describing her position as staff announcer and permitting defendant to reassign her remained in the contract. Defendant also refused to include a clothing allowance in the contract as requested by Hamilton.

Counsel for defendant revised the standard contract to include the modifications described above. Copies of the contract were presented to plaintiff for execution sometime after she commenced her duties at the station;...

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3 cases
  • Craft v. Metromedia, Inc.
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • August 19, 1985
    ...court, however, set aside as excessive the jury verdict in Craft's favor on the fraud claim and ordered a new trial. Craft v. Metromedia, Inc., 572 F.Supp. 868 (W.D.Mo.1983). Craft appeals from these rulings while Metromedia appeals from the judgment on the jury verdict, again in Craft's fa......
  • EEOC v. STATE OF MO., D. OF SS, DIV. OF C., 83-1971 C (2)
    • United States
    • U.S. District Court — Eastern District of Missouri
    • July 12, 1985
    ...Insurance Company, 691 F.2d 873, 876 (9th Cir.1983); EEOC v. Aetna Insurance Company, supra, 616 F.2d at 725; Craft v. Metromedia, Inc., 572 F.Supp. 868, 879 (W.D.Mo.1983), aff'd in relevant part, rev'd in part, 766 F.2d 1205 (8th Cir.1985). This is precisely the argument made by defendant ......
  • Austin v. Wal-Mart Stores, Inc.
    • United States
    • U.S. District Court — Northern District of Indiana
    • July 22, 1998
    ...Co., Inc., 993 F.Supp. 1097 (N.D.Ohio 1997); Kotlowski v. Eastman Kodak Co., 922 F.Supp. 790 (W.D.N.Y. 1996); Craft v. Metromedia, Inc., 572 F.Supp. 868 (D.C.Mo.1983); Rogers v. American Airlines, Inc., 527 F.Supp. 229 (D.C.N.Y.1981); Wofford v. Safeway Stores, Inc., 78 F.R.D. 460 (D.C.Cal.......

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