Mee Sook Sasaki v. Class

92 F.3d 232
CourtCourt of Appeals for the Fourth Circuit
DecidedAugust 12, 1996
DocketNos. 95-2077, 95-2191
StatusPublished
Cited by1 cases

This text of 92 F.3d 232 (Mee Sook Sasaki v. Class) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mee Sook Sasaki v. Class, 92 F.3d 232 (4th Cir. 1996).

Opinions

No. 95-2077 affirmed in part, reversed in part, and remanded; No. 95-2191 vacated and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge MURNAGHAN joined. Judge WIDENER wrote a concurring and dissenting opinion.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

These cross-appeals arise from a jury verdict in favor of a plaintiff on her claims against her former employer for sexual harassment and assault and battery. Because in closing argument plaintiffs counsel improperly referred to the federal statutory “cap” on non-economic damages that could be awarded, and because the jury’s damages award indicates that this improper reference substantially influenced the jury’s calculations, we reverse and remand for a new trial on damages. We affirm the jury’s verdict as to liability.

[235]*235I.

Mee Sook Sasaki brought this suit against her employer, JLW Produce, and its president, Robert “Bobby” Class, (collectively, the “Company”) pursuant to 42 U.S.C. § 1981a, alleging that Class had sexually harassed her for several years. Sasaki also alleged that Class had repeatedly assaulted and battered her in violation of Maryland law.

Sasaki began working for JLW Produce in 1986. At the time she was single and in her twenties. She entered into a brief relationship (about three months) with Class, also in his twenties. Class ran JLW Produce with the help of his father, who owned a larger wholesale produce company. Sasaki testified that after she ended their relationship, Class’s attitude toward her at work changed. Although much of the testimony in the ease was hotly disputed, there was abundant evidence that over the ensuing years, even though both parties had subsequently married, Class — at the workplace and during working hours — on numerous occasions made sexual comments to or about Sasaki, touched and rubbed her body, propositioned her, and physically molested her. Sasaki asserted that his behavior ultimately led her to quit her job in February, 1994. Class denied Sasaki’s charges, asserting that Sasaki was the sexually aggressive party and that she had quit after a dispute involving the cashing of his paycheck.

The jury apparently credited Sasaki’s version of the events and returned a verdict in her favor, awarding her $61,250 on the sexual harassment claim, $150,000 on the state law claims, and $65,000 in punitive damages — for total damages of $276,250. Sasaki then requested that the court grant her attorney’s fees and costs. The court declined on the ground that the damages award in Sasaki’s favor was “generous,” and that adding an award for attorney’s fees would be “unjust.”

The Company appeals on numerous grounds. Sasaki cross-appeals, contending that the court abused its discretion in denying her attorney’s fees.

II.

We address first the Company’s strongest challenge. The Company contends that the district court erred in permitting Sasaki’s attorney to mention in closing argument the damages “cap” contained in 42 U.S.C. § 1981a.

As part of the Civil Rights Act of 1991, Congress imposed caps on the amount of “compensatory damages” plaintiffs may recover for non-economic damages, such as emotional pain and mental anguish, in sexual harassment claims. 42 U.S.C. § 1981a(b)(3). These caps vary according to the size of the employer. In this case, because JLW Produce has seventy-five employees, the statute limits Sasaki to recovering $50,000 in non-economic damages from the Company. See 42 U.S.C. § 1981a(b)(3)(A). The statute further directs that “[i]f a party seeks compensatory or punitive damages under this section[,] ... the court shall not inform the jury of the limitations [on damages] described in subsection (b)(3) of this section.” 42 U.S.C. § 1981a(c)(2).

During closing argument, Sasaki’s counsel discussed the damages she sought, as follows:

[PLAINTIFF’S COUNSEL]: Let’s talk about compensation.... On the sexual harassment claim, you can compensate her for her back pay she lost after she quit. You will get a little form, this comes to precisely $10,750.00. You can also compensate her for the interest on the back pay.... This comes to an additional $1,075.00, so this brings the total for back pay and interest to $11,825.00.
Now, for sexual harassment Congress realized that when you have sexual harassment there is a lot of emotional pain.... So you can award damage for that, financial damage for emotional pain, suffering, inconvenience, mental anguish.... You can award her up to $50,000 in compensatory damages for sexual harassment as to all those things. That is in addition to the $11,825.00.
[DEFENDANTS’ COUNSEL]: Objection to that.
COURT: Overruled.
[PLAINTIFF’S COUNSEL]: Okay. So under Count One for sexual harassment [236]*236you can award a total of $61,825.00 against Robert Class and JLW Produce.... [The Civil Rights Act of 1991] provided for compensatory damage in addition to the back pay ... and I suggest to you respectfully that Robert Class caused Mrs. Sasaki enough mental anguish ... to warrant the full compensatory damages of $61,825.00 under Count One....
Now, in her claims for assault and battery you can and should award her compensation for all assaults and batteries taking place beginning October 1993 through February 4,1995(sic).
And the law is generous here. You can award her up to $500,000.00 for each bat-tery_ I am willing ... to leave it to your judgment, you are mature people, but you can award her up to $500,000.00 every time there was an offensive touching,

(emphasis added).

A.

Sasaki offers three arguments in response to the Company’s assertion that her counsel’s references to the cap in his closing argument were improper.

First, she claims that because § 1981a(c)(2) states only that the “court shall not inform the jury” of the damage cap, the statute does not prevent attorneys from doing so. The statute does literally prohibit only the “court” from informing the jury of the caps; however, Congress clearly intended this restriction to prohibit anyone from bringing the caps to the jury’s attention. Although attorneys may comment at trial on the law as it applies to the case at hand, ultimate responsibility for instructing the jury as to the applicable law lies with the court. See Adalman v. Baker, Watts & Co., 807 F.2d 359, 366 (4th Cir.1986) (“it is the responsibility — and the duty — of the court to state to the jury the meaning and application of the appropriate law”). Given that this ultimate responsibility lies with the court, the statute’s explicit preclusion of the court from mentioning the caps was plainly designed to remove them altogether from the jury’s consideration.

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