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    Fuller V City of Scottsdale

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    Jimmy Jenkins
    The jury found in favor of the plaintiff on claims of wrongful termination and defamation against the defendants. On the wrongful termination claim, the jury awarded $1,400,694 for lost earnings and benefits. On the defamation claim, the jury awarded $3,500,000 for pain, discomfort, suffering, and anxiety, and $350,000 for harm to reputation.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Fuller V City of Scottsdale

    Uploaded by

    Jimmy Jenkins
    113 views4 pages
    The jury found in favor of the plaintiff on claims of wrongful termination and defamation against the defendants. On the wrongful termination claim, the jury awarded $1,400,694 for lost earnings and benefits. On the defamation claim, the jury awarded $3,500,000 for pain, discomfort, suffering, and anxiety, and $350,000 for harm to reputation.

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    Jury finds in favor of Fuller

    Original Title

    Fuller v City of Scottsdale

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    The jury found in favor of the plaintiff on claims of wrongful termination and defamation against the defendants. On the wrongful termination claim, the jury awarded $1,400,694 for lost earnings and benefits. On the defamation claim, the jury awarded $3,500,000 for pain, discomfort, suffering, and anxiety, and $350,000 for harm to reputation.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    113 views4 pages

    Fuller V City of Scottsdale

    Uploaded by

    Jimmy Jenkins
    The jury found in favor of the plaintiff on claims of wrongful termination and defamation against the defendants. On the wrongful termination claim, the jury awarded $1,400,694 for lost earnings and benefits. On the defamation claim, the jury awarded $3,500,000 for pain, discomfort, suffering, and anxiety, and $350,000 for harm to reputation.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 4

    Clerk of the Superior Court

    *** Electronically Filed ***


    05/15/2024 8:00 AM
    SUPERIOR COURT OF ARIZONA
    MARICOPA COUNTY

    CV 2020-052874 05/14/2024

    CLERK OF THE COURT


    HONORABLE FRANK W. MOSKOWITZ S. Motzer
    Deputy

    SHAWN C FULLER JOSHUA CARDEN

    v.

    CITY OF SCOTTSDALE, et al. KATHLEEN L WIENEKE

    LAURA VAN BUREN


    JUDGE MOSKOWITZ

    MINUTE ENTRY
    TRIAL DAY 17

    9:18 a.m. LET THE RECORD REFLECT the jury is all present in the jury room and
    resume their deliberations from April 2, 2024.

    11:18 a.m. LET THE RECORD REFLECT the Jury notifies Court staff that they have
    reached a verdict.

    East Court Building – Courtroom 914

    11:39 a.m. Trial to a Jury continues from May 14, 2024. Plaintiff is present and represented
    by counsel, Joshua Carden. Defendants are represented by counsel, Kathleen L. Wieneke and
    Laura Van Buren. Defendant Sherry Scott is also present.

    A record of the proceedings is made digitally in lieu of a court reporter.

    The Jury is all present in the jury box and by their Foreperson, disclosed as Juror 9, return into
    Court their verdicts, which are read and recorded by the Clerk and is as follows:

    Docket Code 012 Form V000A Page 1


    SUPERIOR COURT OF ARIZONA
    MARICOPA COUNTY

    CV 2020-052874 05/14/2024

    On Shawn Fuller’s claim of wrongful termination, we, the Jury, duly empaneled and sworn
    in the above-entitled action, upon our oaths, do find in favor of Plaintiff Shawn Fuller against
    Defendants City of Scottsdale and Sherry Scott.

    Plaintiff Shawn Fuller’s lost earnings and benefits to date and any decrease in earning
    power or capacity in the future; $1,400,694.00.

    The pain, discomfort, suffering, anxiety already experienced, and reasonably probable to
    be experienced in the future as a result of the Defendants’ fault; $0.00.

    Harm to Shawn Fuller’s reputation; $0.00.

    The verdict is signed by the following jurors: 2, 3, 4, 5, 7, 8 and 9

    On Shawn Fuller’s claim for defamation, we, the Jury, duly empaneled and sworn in the above
    entitled action, upon our oaths, do find:

    1(a). Was the following statement contained in the Cronin Report defamatory?

    “Did Fuller treat employees differently on the basis of gender and, therefore, violate Part II
    of the City’s Administrative Regulation, AR333-Anti-Discrimination and Non-Harassment
    Policy, Part II? SUSTAINED…. Fuller clearly treated females in the office differently than
    their male counterparts. Both the men and women interviewed noticed a distinct difference in
    the way he conducted himself when dealing with women in the office….”

    You answered, “Yes.”

    1(b). Was the following statement contained in the Cronin Report defamatory?

    “[H]e is unable to conduct himself in a manner deemed appropriate in the work place,
    especially when working with women. He treated the men differently than the women.”

    You answered, “Yes.”

    2(a). Do you find by clear and convincing evidence that Defendant Sherry Scott acted with
    knowledge that the defamatory statements above were false or acted in reckless disregard of
    whether the defamatory statements above was/were true or false?

    You answered, “Yes.”

    Docket Code 012 Form V000A Page 2


    SUPERIOR COURT OF ARIZONA
    MARICOPA COUNTY

    CV 2020-052874 05/14/2024

    If your answer to 2(a) is yes, then you must check the box finding in favor of Plaintiff
    Shawn Fuller as to Defendant Sherry Scott as to Claim 2, and then move on to 3 below.

    You checked the box.

    2(b). Do you find by clear and convincing evidence that Defendant City of Scottsdale acted
    with knowledge that the defamatory statements above were false or acted in reckless disregard of
    whether the defamatory statements above were true or false?

    You answered, “Yes.”

    If your answer to 2(b) is yes, then you must check the box finding in favor of Plaintiff
    Shawn Fuller as to Defendant City of Scottsdale as to Claim 2, and then move on to 3 below.

    You checked the box.

    3. If you find in favor of Plaintiff Shawn Fuller, you must then determine the full amount
    of money that reasonably and fairly compensates Plaintiff Shawn Fuller for each of the following
    categories of damages (but you must not award duplicative damages, if any, awarded on Claim 1
    Wrongful Termination):

    Plaintiff Shawn Fuller’s lost earnings and benefits to date and any decrease in earning
    power or capacity in the future; $0.00.

    The pain, discomfort, suffering, anxiety already experienced, and reasonably probable to
    be experienced in the future as a result of the Defendants’ fault; $3,500,000.00.

    Harm to Shawn Fuller’s reputation; $350,000.00.

    The verdict is signed by the following jurors: 2, 3, 4, 5, 7, 8 and 9

    The jurors reply that these are their true verdicts.

    The Jury is polled at the request of counsel for Defendants. Each juror that signed the Verdict
    Form replies that this is his/her true verdict.

    The Jury is thanked by the Court and excused from further consideration of this cause.

    11:54 a.m. Trial concludes.

    Docket Code 012 Form V000A Page 3


    SUPERIOR COURT OF ARIZONA
    MARICOPA COUNTY

    CV 2020-052874 05/14/2024

    FILED: Verdicts, Jury List, Trial Worksheet

    Docket Code 012 Form V000A Page 4

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