Clark v. Westrec Marina Management
A jury awarded plaintiff Bette Clark (Clark) $177,926.29 in damages against defendant Westrec Marina Management, Inc. (Westrec) on causes of action for gender discrimination and retaliation under the Fair Employment and Housing Act (FEHA; Gov. Code, 12940 et seq.) and wrongful termination in violation of public policy. She appeals from orders by the trial court granting Westrecs motions for new trial and judgment notwithstanding the verdict (JNOV). Court agree with Clark that the evidence presented at trial was legally sufficient when viewed in the light most favorable to the verdict, and that the motion for JNOV should have been denied. However, the trial court was entitled to reweigh the evidence when considering the motion for new trial, and it did not abuse its discretion in concluding that the verdict on the discrimination claims was against the weight of the evidence. Court reverse the order granting JNOV, but affirm the order granting a new trial.
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