Herx v. Diocese of Fort Wayne-South Bend Inc et al

Filing 210

OPINION AND ORDER GRANTING IN PART and DENYING IN PART 205 MOTION to Reduce Damages Pursuant to the Applicable Statutory Cap of $300,000 by Diocese of Fort Wayne-South Bend Inc. The award of compensatory damage is reduced to $299,999.00. The punitive damages award of $1.00 remains unchanged. The award for medical care of $125,000.00 remains unchanged. The award for lost wages and benefits is increased to $118,803.00, consisting of $88,450.00 for lost wages, $ 7,500.00 for lost tuition benefits for Plaintiff's son for 2-1/2 years, and $22,853.00 for post-termination out-of-pocket health care costs. Clerk DIRECTED to enter judgment in favor of Plaintiff Emily Herx and against Defendant Diocese of Fort Wayne-South Bend, Inc in the total amount of $543,803.00. Signed by Judge Robert L Miller, Jr on 1/12/15. (cer)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
EMILY HERX,
Plaintiff
vs.
DIOCESE OF FORT WAYNE –
SOUTH BEND, INC.,
Defendant

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CAUSE NO. 1:12-CV-122 RLM

OPINION and ORDER
This case is before the court on the Diocese’s motion to reduce the amount
of damages awarded to Emily Herx in accordance with 42 U.S.C. § 1981a(b)(3)(D),
which caps the combined award of compensatory damages and punitive damages
at $300,000. The Diocese asks the court to reduce the jury’s award of $1,750,000
in compensatory damages and $1.00 in punitive damages to $300,000, the jury’s
award of $125,000 for medical care to $35,038, and the $75,000 awarded by the
jury for lost wages and benefits to $7,500.
Ms. Herx agrees that her damages are capped under the statute, but objects
to the Diocese’s calculations of the final award. Ms. Herx maintains, instead, that
the compensatory damages awarded should be reduced to $299,999, which, when
added to the punitive damage award of $1.00, would equal the statutory cap of
$300,000. With respect to the remaining jury awards, Ms. Herx says the $125,000
awarded for medical care should remain in that amount, but the award of $75,000

for lost wages and benefits should be increased to $135,303, consisting of $88,450
in lost wages, $24,000 in lost tuition benefits for her son’s education, and $22,853
in out-of-pocket insurance costs that resulted from her having to change her
health care insurance following her termination.
The court agrees with the parties that the combined award for compensatory
and punitive damages must be capped at $300,000. In accordance with Mrs.
Herx’s request, the award for compensatory damages will be reduced to $299,000
and the award of $1.00 for punitive damages will remain unchanged, for a total
of $300,000.
The Diocese says the jury’s award of $125,000 for medical care should fall
within the $300,000 statutory cap and shouldn’t include any amount for future
pecuniary losses. The record shows that the parties agreed and the jury was
instructed that the value of the medical care to be awarded could include
“treatment from doctors, therapists, counselors, and prescription medications that
Mrs. Herx reasonably needed and actually received, as well as the present value
of the care that she is reasonably certain to need and receive in the future.” Final
Jury Instruction No. 14. Thus, the medical care award will remain unchanged.
The Diocese hasn’t challenged Mrs. Herx’s claim for lost wages in the
amount of $88,450, but has challenged her request for lost tuition benefits of
$24,000. According to the Diocese, Mrs. Herx agreed that her damage request
didn’t extend into 2014; the Diocese contests Mrs. Herx’s claim to any tuition
reimbursement, but says that if she is entitled to a tuition benefit, that benefit
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should be limited to a period of 2-1/2 years, or $7,500 ($3,000 per year). The
court agrees.
Having reviewed the parties’ submissions and the trial record, the court
concludes that the Diocese’s motion [docket # 205] should be GRANTED IN PART
and DENIED IN PART as follows:
(a) the award of compensatory damage is reduced to $299,999;
(b) the punitive damages award of $1.00 remains unchanged;
(c) the award for medical care of $125,000 remains unchanged;
(d) the award for lost wages and benefits is increased to
$118,803, consisting of $88,450 for lost wages, $7,500 for lost tuition
benefits for her son for 2-1/2 years, and $22,853 for post-termination
out-of-pocket health care costs.
The Clerk is directed to enter judgment in favor of Emily Herx and against the
Diocese in the total amount of $543,803.00.
SO ORDERED.
ENTERED:

January 12, 2015

/s/ Robert L. Miller, Jr.
Judge, United States District Court

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