Simmonds v. Gerra CA4/3
Peter Gerra appeals from a judgment entered in favor of Victoria Simmonds, his former employee. The court concluded Gerra sexually harassed Simmonds, inflicted significant emotional distress on her, and constructively terminated her employment. The court characterized the case as a “classic she said-he said,” and concluded Simmonds’s testimony was more credible than Gerra’s.
On appeal, Gerra argues the evidence was insufficient to support several aspects of the judgment, and that the allegations of Simmonds’s complaint were inadequate to support her claims of severe or pervasive sexual harassment. However, we are obligated to presume the evidence is sufficient to support the judgment unless the appellant affirmatively proves that it was not. That burden cannot be satisfied in the absence of a complete record of all the evidence admitted at trial.
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