Mark Law Firm Blog

Can I get Punitive Damages?

Posted by Jamison Mark on May 8, 2014 3:34:00 PM
New Jersey Attorneys

(Rusak v. Ryan Automotive, LLC)

Recently the Appellate Division ruled in Rusak v. Ryan Automotive, LLC, a lawsuit filed pursuant to the New Jersey Law Against Discrimination ("LAD") for unlawful sexual harassment in the work place, that once a jury awarded the Plaintiff compensatory damages due to the defendant car dealership's management's conduct, a Plaintiff was entitled to present her evidence to the jury for a determination of punitive damages. Rusak worked as a salesperson for a car dealership, and was subjected to sexual harassment. She was routinely sent pornographic materials via email, and when Rusak complained, her supervisor stated that "he would fire her."

The Appellate Division Court ruled that the Punitive Damages Act (PDA) provides that punitive damages may be awarded if there is proof, by clear and convincing evidence, that the harm suffered was the result of defendants' acts or omissions, and such acts or omissions were actuated by actual malice or wanton and willful disregard of a person. The Court found that the threat to have Rusak fired was sufficient evidence that should have been presented to the Jury for a determination of punitive damages.

If you believe that you have been subjected to work place discrimination and sexual harassment, call Mark Law Firm, LLC, attorneys who specialize in work place sexual harassment against car dealerships. Contact us at the " contact us" page, or by calling 908-626-1001 or 973-440-2311

Topics: Employment Law