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Pavon
v. Swift Transportation Co., Inc., U.S. Ct./Appeals, 9th Circuit
(1999)
Author: Bram
Cause
of action: The following is a cause of action for reversal of
verdict in favor of PL.
Procedural
History: PL settled out of court originally for lost wages,
but sued again Disctrict Court (summary judgment motion by DF
denied there). PL then went on to sue in Federal District
Ct. pursuant to title VII of the Civil Rights Act (to correct
unlawful employment practices on the basis of race), where he won
an additional $250K in non-economic damages, as well as $300K in
punitive damages. DF's motion for new trial denied, and
they appeal.
Facts:
PL is a Honduran-American citizen who was constantly berated and
teased about his hispanic descent by a co-worker, despite several
attempts to go to his boss and supervisors. When he was
switched out to a menial job for his experience and expertise, PL
was terminated, following a reminder MLK, Jr. was assassinated
for his wanting to stop racial sentiments and slurs.
Issue(s):
Under Federal Rules of Civil Procedure, may a fired employee who
has already settled his lost wages claim out of court, be
permitted to seek punitive and non-economic damages over the same
action which incited the law suits to begin with?
Court's
Rationale/Reasoning: Based on the rule the court followed,
there was plenty of time, space, motivation and convenience
involved in the second suit. The first suit, in a State
court, was to recover lost wages. This decision comes down
from a court which heard a complaint for non-economic and
punitive damages as a result of, but not because of, the firing.
The suit could stand on its own in short for the damages.
Rule:
The following criteria are relevant to the transaction inquiry:
time, space, origin of the harm, subjective or objective
motivation, convenience and similar acts.
Holding:
Yes. The court found nothing similar, other than the acts
which precluded the firing by DF of PL, and as such, there is no
cause to preclude PL from seeking damages other than from lost
wages.
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