Wirshing v. Banco Santander de Puerto Rico

254 F. Supp. 3d 271, 2015 U.S. Dist. LEXIS 2118
CourtDistrict Court, D. Puerto Rico
DecidedJanuary 7, 2015
DocketCivil No. 11-2073 (GAG)
StatusPublished
Cited by9 cases

This text of 254 F. Supp. 3d 271 (Wirshing v. Banco Santander de Puerto Rico) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wirshing v. Banco Santander de Puerto Rico, 254 F. Supp. 3d 271, 2015 U.S. Dist. LEXIS 2118 (prd 2015).

Opinion

MEMORANDUM OPINION

GUSTAVO A. GELPI, District Judge.

This case involves a lawsuit by Plaintiff Rose Wirshing against her former employ[274]*274er, Banco Santander de Puerto Rico, in which she sought damages for retaliatory-harassment by Defendant’s managerial supervisors after she complained of sexual harassment in the workplace. Presently before the court is a Motion for Remittitur or New Trial submitted by Defendant. (See Docket No. 139.) The court previously denied Defendant’s Renewed Judgment as a Matter of Law at Docket No. 137 and Motion for a New Trial at Docket No. 138, (see Docket No. 141), after the jury returned a verdict in favor of Plaintiff and awarded her $351,018.34 in compensatory damages and $3,500,000.00 in punitive damages. (See Docket No. 127.) Plaintiff After reviewing the parties’ submissions, the evidence in the record, and the pertinent law, the court GRANTS in part and DENIES in part Defendant’s motion for a remittitur and declines to order a new trial with regard to the damages imposed.

I. Discussion

A.' Compensatory Damages

With respect to the jury’s $351,018.34 compensatory damages award, Defendant argues that said award is grossly excessive in light of the evidence presented at trial, and, as such, it must be vacated in its entirety. (Docket No. 139 at 11-14.) It contends, citing cases outside of this circuit, that because Plaintiff failed to plead a constructive discharge claim and was hot terminated, she is not entitled to any economic damages. (Id. at 11-12.) Further, Defendant argues that Plaintiff is not entitled to double damages under Puerto Rico Law No. 115, 29. P.R. Laws Ann. tit. 29, § 194a et seq. (“Law 115”) because during the time Plaintiff worked for Defendant, internal complaints did not constitute protected activity under Puerto Rico Law. (Id. at 15-17.) Plaintiff responds by arguing that the compensatory damages are entirely reasonable in light of the evidence presented to the jury and asks this court to allocate $1 in compensatory damages to the Title VII claim and the remaining $351,017.34 to her Law 115 claim to resolve the Title VII damages cap issue. (Docket No. 146 at 3-6.) Plaintiff also argues that she is entitled to double damages under Law 115 because it was undisputed that she had filed a charge of sex discrimination with the Equal Employment Opportunity Commission (“EEOC”), which did indeed constitute protected activity under Puerto Rico law at that time. (Id. at 6-7.) Lastly, Plaintiff argues that Defendant effectively waived its argument regarding the doubling of the damages when it failed to object to the court’s proposed jury instructions. (Id. at 8.)

i. The Jury’s $§51,018.Sip Award

“A party seeking remittitur bears a heavy burden of showing that an award is grossly excessive, inordinate, shocking to the conscience of the court, or so high that it would be a denial of justice to permit it to stand.... [T]he Supreme Court of Puerto Rico has indicated that it ‘will not intervene in the decision on the estimation of damages issued by the lower courts, unless the amounts granted are ridiculously low or exaggeratedly high.... Nieves Cruz v. Universidad de Puerto Rico, 151 D.P.R. 150 (2000).... Thus, Puerto Rico’s ‘exaggeratedly high’ standard echoes the federal ‘grossly excessive’ standard.” Monteagudo v. Asociacion de Empleados del Estado Libre Asociado de Puerto Rico, 554 F.3d 164, 174 (1st Cir. 2009). Furthermore, trial courts have “broad discretion” in deciding a remittitur because of the court’s “greater familiarity with local community standards and with the witnesses’ demeanor at the trial.” Aponte-Rivera v. DHL Solutions, Inc., 650 F.3d 803, 810 (1st Cir.2011). As such, this court will not “disturb an award of damages because it is extremely generous or because [it] think[s] the damages are [275]*275considerably less.” Id. (citing Koster v. Trans World Airlines, 181 F.3d 24, 34 (1st Cir.1999)).

An analysis involving the applicable legal standard and a survey of the amounts of awards upheld by the First Circuit in other employment discrimination and retaliation contexts requires this court to uphold the jury’s compensatory award in its entirety. Although Defendant is correct that Plaintiff failed to plead a claim for constructive discharge, it fails to cite a single binding case from this circuit that indicates that such a failure requires the jury to only consider non-economic damages when determining an award for the plaintiff. As such, the jury was allowed to consider Plaintiffs evidence of her salary when she stopped working for Defendant, her past bonuses, her mortgage expenses, and other disability income when estimating her damages. (See Docket No. 131 at 155-62.) Nevertheless, even if this court was to consider the $351,018.34 as solely noneconomic damages because the jury did not make a distinction when rendering the award, as articulated below, the court finds that this award is not grossly excessive nor does it shock the conscious.

With respect to evidence of damages, Plaintiff herself testified at that Defendant’s hostile work environment left her feeling depressed, she endured consistent crying spells and panic attacks, she suffered from insomnia, had nightmares when she did sleep, and was generally anxious all of the time. (Docket No. 131 at 142-45.) Further, she testified that she would stay in her car upon arriving to work because she feared going inside and being subjected to the work environment that she had been enduring. (Id. at 142-43.) She further stated that she ended up taking a leave of absence from work in March, 2011 at the recommendation of her treating psychiatrist, Dr. llena Fumero-Pérez (“Dr. Fumero”), despite her desire to stay with the company and grow within it. (Id. at 134,144-45.) Plaintiff also proffered evidence of damages in the form of testimony of her husband, Gerardo Buxó-Janer, who stated that before the relevant time period of the hostile environment created by Defendant, Plaintiff was an independent woman who liked to go out and travel, including leaving Puerto Rico. (Docket No. 132 at 133.) He stated that their life together changed drastically when she became afraid to leave the house, had frequent panic attacks, insomnia, nightmares, vomiting, and diarrhea. (Id. at 134-42.) Plaintiff also proffered evidence of her damages through the expert testimony of Dr. Fumero, who has been treating Plaintiff for approximately twenty years. (Docket No. 131 at 61.) Dr. Fumero testified that although she diagnosed Plaintiff with episodes of major depression in 1994, in her professional opinion, Plaintiffs major depression and accompanying symptoms were triggered by the events that were occurring at work, not by her family problems that were occurring at the same time. (Id. at 63, 81-82, 87) Although Defendant disputes Dr. Fumero’s opinion that Plaintiffs mental condition was related to Defendant’s actions, this was an evidence weighing and credibility determination to be made by the jury when it compared the evidence presented by both parties’ expert witnesses.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
254 F. Supp. 3d 271, 2015 U.S. Dist. LEXIS 2118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wirshing-v-banco-santander-de-puerto-rico-prd-2015.