On May 1, 2019 a federal court jury in Gulfport rendered a $70,000 plaintiff verdict in Gardner v. CLC of Pascagoula, LLC.

This was a sexual harassment case with a twist. The plaintiff was a certified nurse assistant at CLC’s assisted living facility. She was harassed by a resident of the facility–not the employer.

The District Court previously dismissed the case on summary judgment. But the 5th Circuit reversed in February. Here is the 5th Circuit’s Opinion.

The case went to trial soon after remand with the jury finding for the plaintiff. Here is the jury’s verdict form.

The jury awarded the following damages:

  • $30,000- past pain and suffering, mental anguish;
  • $30,000- future pain and suffering, mental anguish; and
  • $10,000- back pay.

Daniel Waide of Johnson, Ratliff & Waide in Hattiesburg represented the plaintiff.

John Wheeler and Brad Dillard with Mitchell McNutt in Tupelo represented the defendant.

District Judge Louis Guirola, Jr. presided.

My Take:

The 5th Circuit remanded the case on February 6. The Court set the case for trial on March 19. The trial started on April 29. That’s amazing.

Someone should give Judge Guirola an award for getting the case tried so soon after remand.