Chambless v. Baptist Health,

Filing 42

JUDGMENT in favor of Baptist Health, against Kyla D Chambless. Signed by Honorable Robert T. Dawson on January 9, 2009. (dmc)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION KYLA D. CHAMBLESS v. Civ. No. 08-6013 DEFENDANT PLAINTIFF

BAPTIST HEALTH, d/b/a BAPTIST HEALTH MEDICAL CENTER - ARKADELPHIA JUDGMENT

On the 6th day of January 2009, this matter came on for trial to a duly selected jury consisting of eight members, the Honorable Robert T. Dawson presiding. On January 7th, 2009, the case was

submitted to the jury on interrogatories and a unanimous verdict was reached as to each interrogatory as follows:

INTERROGATORY NO. 1: On plaintiff's claim of gender discrimination as submitted in Instruction 7, we find in favor of:

X Plaintiff Kyla Chambless Defendant Baptist Health Medical Center - Arkadelphia

INTERROGATORY NO. 2: Answer this interrogatory only if your answer to Interrogatory No. 1 is in favor of Kyla Chambless. If your

finding in Interrogatory No. 1 is in favor of Baptist Health medical center Arkadelphia, you have completed your

deliberations on this claim and you may proceed to Interrogatory No. 3.

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Has it been proved by the greater weight of the evidence that Baptist Health Medical Center - Arkadelphia would have failed to promote Kyla Chambless regardless of her gender (see instruction 9)?

_______ yes

________ no

INTERROGATORY NO. 3: On the age discrimination claim of Kyla Chambless, we find in favor of:

X Plaintiff Kyla Chambless Defendant Baptist Health Medical Center - Arkadelphia

INTERROGATORY No. 4: Answer this interrogatory only if your answer to Interrogatory No. 3 is in favor of Kyla Chambless. If the

above finding is in favor of Baptist Health Medical Center Arkadelphia, you have completed your deliberations on this claim and you may proceed to Interrogatory No. 5. Was the defendant's conduct "willful" as that term is defined in Instruction 12? _______ yes ________ no

INTERROGATORY No. 5: Complete the following only if you found in favor of Kyla Chambless in Interrogatory No. 1 and answered "no"

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to Interrogatory No. 2, or if you found in favor of Kyla Chambless in Interrogatory No. 3. We find plaintiff's lost wages through the date of this verdict to be: $______________ (stating the amount or, if none, write the word "none").

IT IS ORDERED AND ADJUDGED in accordance with the jury verdict, as well as this Court's determination, that the Plaintiff takes nothing on her complaint and the matter is DISMISSED WITH PREJUDICE. All parties are to bear their respective costs and

attorney's fees. IT IS SO ORDERED this 9th day of January 2009. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge

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