-4-
complaint did she allege that she was entitled to recover any
amount from the University for any such personal physical injury
or physical sickness.
The jury found, after a month-long trial, that the
University had not discriminated against petitioner, but that the
University had retaliated against her for complaining of
discrimination. The jury found that petitioner suffered $1.5
million of economic damages and $65,000 of non-economic damages
from the University’s retaliation. “Economic damages,” for
California juries, means objectively verifiable monetary losses
including loss of earnings, loss of employment, and loss of
employment opportunities. See California Jury Instructions,
Civil: Book of Approved Jury Instructions, 14.00 (9th ed. 2003).
“Non-economic damages,” for California juries, means subjective
non-monetary losses including, among other things, pain,
suffering, mental suffering, emotional distress, and injury to
reputation. Id. The jury’s verdict did not contain any
reference to personal physical injury or physical sickness.
The State of California appealed the decision but lost.
Nowhere in the opinion did the appellate court mention any claim
or damages awarded for personal physical injury or physical
sickness.
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