St. Louis County – Due to anti-Semitic comments made by a juror, the Missouri Supreme Court has overturned the awarding of damages to a woman who sued Pepose Vision Institute of Chesterfield.
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In 2007, a St. Louis County jury awarded $95,000 in punitive damages and $30,000 in actual damages to Michelle Fleshner, who claimed she was fired in 2003 on orders of Dr. Jay Pepose because she had cooperated with a U.S. Department of Labor investigation of wage and overtime practices.
Fleshner’s attorney, Jerry Dobson, alleged that Pepose not only fired her for cooperating with the government but got her fired again from a new job with other ophthalmologists. Pepose said he was merely enforcing a noncompete contract she had signed.
After the verdict, it was learned that a juror described Pepose’s wife as a “Jewish witch” and a “penny-pinching Jew.” Pepose claimed juror misconduct, but no hearing was held on whether a new trial should be held.
On Tuesday, the Missouri Supreme Court ruled that such a hearing should have occurred and sent the case back to the lower court for reconsideration.
The Anti-Defamation League has hailed the ruling, but it was unclear late Wednesday what the next step in the case will be. Efforts to reach attorneys in the case were not successful.
He should never have had his wife working in the office. The worst thing in the world a physician can do is have his wife work in his office.
If you followed the case you would know that his wife did not work in the office, did not have an office and was not on the payroll…she is a fulltime economist. She was simply the Doctor’s “personal” consultant and made herself available to the staff should they want her input.
Obviously if a Juror makes a derogatory remark the Jury is tainted and should be thrown out. I cannot believe that the Judge allowed this case to continue to a verdict. What did Rav Rabushkin’s Jury say in their chamber? What did the Judge say to the Jury or the Prosecutor? This is the reason why Justice is so difficult to obtain and it matters who your Judge and lawyer is.