Pollard v. E.I. Dupont De Nemours, Inc.

• Decision Date: 27 August 2003
• Docket Number: No. 95-3010 MI.,95-3010 MI.
• Parties: Sharon B. POLLARD, Plaintiff, v. E.I. DUPONT DE NEMOURS, INC., Defendant.
• Court: U.S. District Court — Western District of Tennessee

338 F.Supp.2d 865

Sharon B. POLLARD, Plaintiff, v. E.I. DUPONT DE NEMOURS, INC., Defendant.

No. 95-3010 MI.

United States District Court, W.D. Tennessee, Western Division.

August 27, 2003.

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Alayne B. Adams, Law Office of Alayne B. Adams, Ft. Myers, FL, Kathleen L. Caldwell, Law Office of Kathleen L. Caldwell, Samuel J. Muldavin, Memphis, TN, for Plaintiff.

J. Michael Brown, Wyatt Tarrant & Combs, LLP, Louisville, KY, Stephen D. Goodwin, Eugene J. Podesta, Jr., Maurice Wexler, Baker Donelson Bearman Caldwell & Berkowitz N. Victoria Holladay, Carl I. Jacobson, Ford & Harrison, LLP, Larry Killebrew, Butler Snow O'Mara Stevens & Cannada, PLLC, J. S. Wilson, III, Wyatt Tarrant & Combs, Memphis, TN, for Defendant.

OPINION AND ORDER AWARDING COMPENSATORY DAMAGES AND FRONT PAY

MCCALLA, District Judge.

This case is currently before the Court to determine the amount of compensatory damages and front pay that Plaintiff should be awarded. The Court held a damages hearing on July 21, 23, 24, 28, and 29, 2003. Plaintiff Sharon Pollard was represented by Kathleen Caldwell, Esq. Defendant E.I. DuPont de Nemours, Inc. ("DuPont") was represented by Stephen Goodwin, Esq., Eugene Podesta, Esq., and Maurice Wexler, Esq.

The Court previously determined the question of liability under Title VII in favor of Plaintiff on August 20, 1998 after a bench trial held in October, 1997. The Court awarded $107,364.00 in back pay and accrued benefits and $300,000.00 in compensatory damages and front pay. Consistent with the holding of the United States Supreme Court in this case stating that front pay is not subject to the statutory cap on damages contained in 42 U.S.C. § 1981a(b)(3), the Court must now determine the amount of front pay that Plaintiff should be awarded.

Additionally, after remand from the Sixth Circuit Court of Appeals, this Court determined the issue of liability for the state tort of intentional infliction of emotional distress in favor of Plaintiff on June 20, 2003. In accordance with this decision, the Court must determine whether the statutorily capped award of compensatory damages for the Title VII claim sufficiently compensated Plaintiff for her pain and suffering, or whether Plaintiff should be awarded further compensatory damages under the claim of intentional infliction of emotional distress, which is not subject to a statutory cap. The Court must also determine whether an award of punitive damages for the state tort claim is justified.

Plaintiff presented testimony from Phillip Wayne Blaylock, Plaintiff's brother, Laurie McCaleb, Plaintiff's daughter, John Wasilik, DuPont plant manager at the Memphis site, Michelle Millner, a former DuPont employee in the hydrogen peroxide and hydrogen cyanide areas, Laura Ann Norwood, a former DuPont employee in the hydrogen peroxide area, Dr. Richard Farmer, Plaintiff's treating psychiatrist, Dr. Thomas Depperschmidt, a forensic economist, and Sharon Pollard. Defendant presented testimony from John Wasilik, Dr. Owen Nelson, an expert witness in the area of psychology¹, Dr. Barbara Long, an expert witness in the area of psychiatry, and Dr. Mary Baker, an expert labor economist.

I. FINDINGS OF FACT

Plaintiff was employed at DuPont from August 8, 1977 until February 29, 1996. She worked as an operator in DuPont's hydrogen peroxide unit from July, 1988 until February 29, 1996. (Stipulations² A2-5.) Plaintiff was a good worker. (Trial Transcript³ at 157.) She took pride in her job and planned her life and her retirement around it. (Tr. at 156.) Plaintiff testified that since she lost her job and her career she feels like she lost the station in life that she had earned. (Tr. at 157.) Plaintiff also believes she never made a difference at DuPont because although she reported the harassment, she no longer has a job, while the men who harassed her still have their jobs. (Tr. at 157.) Plaintiff testified that but for the discrimination against her, she would have continued her employment at DuPont. (Tr. at 158.) Plaintiff believes she would ultimately retire at age 65 if she were able to work today. (Tr. at 197.) However, she testified that she would not be able to return to work at DuPont now. She does not believe she would be safe there because the men who harassed her are still on the site and the managers who allowed the harassment to continue are still in charge. (Tr. at 163.) At the present time, Plaintiff also does not believe she is able to work somewhere else.

A. Plaintiff's Condition Since Leaving DuPont

Plaintiff described her own mental and emotional condition during the damages hearing. She testified, "It takes all my efforts to keep my head above water with normal everyday activity. Anything other than going about everyday activities and responsibility will put me in a tailspin." (Tr. at 158.) She "had always been an organized person and had [her] life well planned," but now she has problems concentrating for more than two hours and "can't seem to stay undepressed or feel safe long enough to be the way [she] was." (Tr. at 158-159.) She falls behind just keeping her house clean and organized and her daughter must come over to help her. (Tr. at 159.) Plaintiff described herself as "[d]epressed, angry, irritable, lost, without purpose." (Tr. at 179.)

Plaintiff is afraid to run into anyone who worked at DuPont, so she plans everything she does, including simply getting in and out of Goldsmith's at the mall without going through the mall hallways. (Tr. at 160.) She will not shop in the Frayser or Millington areas because most of the DuPont employees live in that geographic area. (Tr. at 160.) Plaintiff testified that she once saw Rory Bricco in a store and she was so scared her heart was racing and she broke out in a cold sweat. She left without purchasing the items in her basket. (Tr. at 161.) Plaintiff will not go to a restaurant without a member of her family. (Tr. at 161.) She has nightmares on a weekly basis, sometimes involving Steve Carney. (Tr. at 162-163.) Since the harassment at DuPont, Plaintiff also gets sick, nauseous, breaks out in cold sweats, and is easily startled by noises. (Tr. at 181-182.) She has had problems getting out of bed in the morning for six of the last eight years. (Tr. at 875.) She "actually had periods when [she] would go for days without brushing [her] teeth or taking a shower." (Tr. at 182.) She presently takes Buspar to help with her anxiety and Ambien to help her sleep. (Tr. at 183.) Plaintiff testified that prior to the harassment at DuPont, she never had problems with anxiety, startled responses, anger, frustration, embarrassment, humiliation, depression, taking care of herself, or grooming. (Tr. at 181.)

Plaintiff also does not trust other people or corporations, nor does she have confidence in supervisors. When asked during the hearing if she could return to work anywhere, Plaintiff responded "I can't do it." After DuPont suggested last year that she return to work, Plaintiff testified that she contemplated suicide. (Tr. at 185.)

Plaintiff's brother and daughter also observed that Plaintiff underwent significant changes after the harassment at DuPont. Plaintiff's brother, Phillip Wayne Blaylock, described her as having a very strong work ethic and stated that she was driven to better herself. (Tr. at 35-36.) He testified that Plaintiff liked her job at DuPont, felt like she was doing something worthwhile, and took a lot of pride in her job. (Tr. at 45.) As a result of her job satisfaction, he believed she had a high sense of self-esteem. (Tr. at 46.) He described changes in her from December, 1994 through the present. He testified that prior to the problems she experienced at DuPont, Plaintiff was very assertive and good with people. She did not have a lot of crying episodes or depression. (Tr. at 41.) He testified that now she frequently cries, when she goes out she is always looking over her shoulder, she has become guarded even around her family, and she does not focus on completing projects that she starts. (Tr. at 41-44.) He also testified that she no longer trusts supervisors to do what they say they will do. (Tr. at 50.)

Plaintiff's Daughter, Laurie McCaleb, also testified as to the changes she observed in her mother since the incidences at DuPont. She described her mother as a woman whose number one priority was work. (Tr. at 59.) Ms. McCaleb testified that Plaintiff, a single mother, "was always very proud to be able to take care of me on her own, the sense of accomplishment. She is very smart and she was working so hard towards her retirement, and that just — she lost that is the main thing, just her pride and retirement goals." (Tr. at 66).

Since the harassment she experienced at DuPont, Ms. McCaleb testified that Plaintiff now becomes agitated and angry sometimes. (Tr. at 59-60.) Her mother is always looking around and wondering if someone is following her. (Tr. at 61.) Plaintiff is much better outside of Memphis because she can have fun and be herself without looking over her shoulder. (Tr. at 61.) She testified that her mother can not stay focused or keep the household running, whereas she used to keep a spotless house. (Tr. at 62-63.) She does not have a garden this year, though she used to have quite a large garden, because she is not able to keep up with it. (Tr. at 63.) On some days, her mother will not get out of bed. (Tr. at 64.) Ms. McCaleb confirmed that Plaintiff has trouble sleeping and has nightmares. (Tr. at 68-69.)

In terms of her current activities, Ms. McCaleb testified that her mother shops at Goldsmith's, has organized dinners for Macon Methodist, the church she attends, spends a little bit of time helping church members get to and from services or the doctor, and has occasionally attended church services with Ms. McCaleb at Hope Presbyterian church. (Tr. at 74-75.) Plaintiff spends a good bit of her time every day doing household...