A former executive of Washington, D.C.-based J.A. Jones/Tompkins Builders Inc., was awarded damages in her four-year-long legal battle asserting sexual harassment charges against the firm's former president Edward Small. On Aug. 1, a Washington, D.C., Superior Court jury awarded $1.3 million to Sandra Fowler, the firm's former manager of business development.
The award came after a mediation in November, 2005, in which the court entered a default judgment against the defendants, adopting the allegations of the complaint as true because no defense was presented. The defendants, J.A. Jones and two related legal entities, did not attend the mediation because they had filed bankruptcy after the lawsuit had been filed. The defense counsel for all three Jones entities withdrew from the case in November 2004. The current proceeding was an ex parte proof hearing before a jury, where only the plaintiff is represented. The jury determined the amount it felt it should award based upon unopposed evidence of damages and the court’s entry of default against bankrupt defendants.
The jury awarded Fowler $1 million in punitive damages. In addition, the jury awarded Fowler $300,000 for lost wages, benefits and emotional stress. J.A. Jones went out of business in 2003, and Tompkins was sold to Turner Corp., New York City. Turner purchased the Tompkins' name and assets but not its legal entity, and it is not involved in the case.
Fowler's attorney, Michael Hoare, Washington, D.C., says she is seeking the $1.3 million from Tompkins' insurers.
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