HOUSTON – In a case that has already changed Texas sexual harassment law, a jury awarded $250,000 to a female firefighter whose supervisor obtained an intimate video made for her husband and secretly watched it for years.
The jury awarded $80,000 in actual damages for mental anguish, $50,000 in punitive damages and $120,166 in attorneys’ fees to Melinda Abbt in Judge Ursula Hall’s court.
During the two-day trial, the jury heard testimony from Ms. Abbt, her husband, a former fire department psychologist and the defendant, her former supervisor John Barrientes. This finding was against Mr. Barrientes only. Her case against the City of Houston is still pending in federal court.
In this case, Mr. Barrientes obtained an intimate video that Ms. Abbt made for her husband. He showed it to at least one other HFD firefighter and later sent him a copy. The two male firefighters secretly watched the video repeatedly for years. She did not find out for years that they had somehow obtained the video from her private computer, and she never learned who else may have seen it. On finally learning about their access to the video, she understandably was distraught and needed unpaid leave and counseling, especially when the city refused to promise she would not have to work next to the men in the future. Ms. Abbt was never able to work as a firefighter again.
“Ms. Abbt waited six years to get her day in court and confront her former supervisor for stealing her private video. She was severely injured, and the jury saw that. This is a great result for her,” AZA’s Jordan Warshauer said. She tried the case with Karina Sanchez-Peralta and Colin Phillips. Texas Lawbook covered the verdict in “Jury Awards Ex-Houston Firefighter $250K in Nude Video Lawsuit” (subscription required).
The U.S. Fifth Circuit Court of Appeals in March 2022, in reversing a hostile work environment summary judgment order in this case, set two new precedents in hostile work environment cases.
The panel found the firefighter did not need to experience harassment in real time for it to be actionable. According to the ruling, the victim still has a claim if she finds out later about what happened behind her back. This is the first time the court has ruled on that issue.
The appellate panel also ruled that the City of Houston can be liable if a workplace harassment report goes up the chain of command but stops because a supervisor who was a recipient of the notice is also a participant in the harassment. This is also the first time the court has ruled on this issue.
The case is Melinda Abbt v. City of Houston and John Chris Barrientes, case number is 2018-90881.
AZA, or Ahmad, Zavitsanos & Mensing, is a Houston-based law firm that is home to true courtroom lawyers with a formidable track record in complex commercial litigation, including energy, healthcare, intellectual property and business dispute cases. AZA is recognized by Chambers USA 2023 as among the best in Texas in commercial law and intellectual property; has been listed by Best Lawyers’ Best Law Firms as one of the country’s best commercial litigation firms for 12 years running; has been named Litigation Department of the Year by Texas Lawyer three times, including for 2021; and was previously dubbed a Texas Powerhouse law firm by Law360.