Judge tosses jury award of $6.85 million in Poway case

By: TERI FIGUEROA - Staff Writer | Friday, July 15, 2005 11:12 PM PDT ∞

Citing his concern that a jury granted the plaintiffs "excessive damages," a San Diego judge on Friday tossed out a jury's award of $6.85 million to four teenage Poway movie theater employees who claimed they'd been sexually harassed by their bosses, according to his written ruling.

In throwing out the award, Judge John S. Meyer granted UltraStar Cinema's request for a new trial over the amount of damages that should be awarded, according to a tentative, written ruling that Meyer finalized at a hearing Friday.

"The court is convinced, based upon the entire record, that the jury clearly should have reached a different verdict," Meyer wrote in the ruling.

Neither company officials nor their attorneys could be reached Friday afternoon for comment.

A Superior Court jury decided earlier this year that Lindsay Marcisz, Maureen Hora, Jessica Pollastrini and Blair Pollastrini, who were 16 or 17 when they worked at the Poway theater, had been sexually harassed and awarded them a total of $850,000 for emotional distress and another $1.5 million each in punitive damages.

The women alleged in their lawsuit that the harassment included theater managers putting a retractable knife blade to the throats of two of the women, placing them in police-style restraint holds ---- one of the girls said she suffered a separated shoulder ---- and inappropriately touching and leering at them.

The girls were represented by attorneys Phil Kay and John Dalton. Dalton, who provided a copy of the ruling at the request of the North County Times, said Friday that they will appeal the ruling.

In April, faced with the multimillion dollar award, Vista-based Movie Theater Entertainment Group Inc., the Vista company that runs several UltraStar Cinemas, filed for bankruptcy.

It was unclear Friday if Meyer's decision to set aside the verdict and grant a new trial will have an effect on the company's bankruptcy proceedings.

Contact staff writer Teri Figueroa at (760) 740-3517 or tfigueroa@nctimes.com.

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