530 S.W.3d 1
Mo. Ct. App.2017Background
- Plaintiff Debra Hesse sued Missouri DOC under the Missouri Human Rights Act for gender harassment and retaliation based on conduct at Tipton Correctional Center and Kansas City Reentry Center.
- Hesse’s claims were corroborated by coworkers Barbara Payne (TCC) and Tina Gallego and Clarissa Fischer (KCRC).
- Jury returned verdict for Hesse, awarding $500,000 compensatory damages and $1,000,000 punitive damages; trial court later awarded $463,323.75 in attorney fees, $1,389.15 in litigation expenses, and other costs.
- DOC appealed, raising four points: (1) improper single verdict form combining harassment and retaliation claims; (2) erroneous admission of “me too” testimony (Gallego); (3) unreasonable attorney-fee award; (4) improper award of litigation expenses.
- Court of Appeals reviewed de novo or for abuse of discretion as applicable and affirmed the trial court on all points, remanding to fix appellate attorney fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Verdict form combined harassment and retaliation into one form | Single form allowed jury to decide each claim and award damages appropriately | Separate verdict forms required to avoid confusion or duplication | Affirmed: single form not misleading; avoided duplicative damages |
| Admission of “me too” testimony (Tina Gallego) | Gallego’s testimony corroborated Hesse and showed DOC failed to enforce anti-discrimination policy | Gallego was not sufficiently similar; testimony was irrelevant and prejudicial | Affirmed: testimony was logically and legally relevant and probative of enforcement theory |
| Reasonableness of attorney fees awarded ($463,323.75) | Fees reasonable given degree of success and complexity; related claims justify full fee | Fees excessive, should be reduced for partial success, excessive hours, and duplicate billing | Affirmed: trial court did not abuse discretion; results and case size justify award |
| Award of litigation expenses ($1,389.15) | Court costs and litigation expenses are recoverable under Section 213.111.2 and court’s discretion | No statutory authority for awarding litigation expenses outside Section 514.060 | Affirmed: trial court acted within broad discretion and statutory framework to award costs |
Key Cases Cited
- Pickel v. Gaskin, 202 S.W.3d 630 (Mo. App. E.D. 2006) (trial court’s verdict-form decisions reviewed for abuse of discretion)
- Cox v. Kansas City Chiefs Football Club, Inc., 473 S.W.3d 107 (Mo. banc 2015) (standard for logical and legal relevance of circumstantial and “me too” evidence)
- Hensley v. Eckerhart, 461 U.S. 424 (1983) (degree of success is critical in awarding attorneys’ fees)
- Williams v. Trans State Airlines, Inc., 281 S.W.3d 854 (Mo. App. E.D. 2009) (trial-court expertise in fixing attorney fees; scope of recoverable costs under MHRA)
- Host v. BNSF Railway Co., 460 S.W.3d 87 (Mo. App. W.D. 2015) (avoiding overlapping/double recovery for related claims)