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Sex Bias Award Is Cut From $6 Million to $2.6 Million

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TIMES STAFF WRITER

A Superior Court jury that originally awarded a Los Angeles woman more than $6 million in a sex-discrimination case against Texaco Inc. cut the damages to $2.6 million Wednesday after acknowledging that it initially had included a punitive sum in its verdict.

Lawyers said the award--which could grow again today when the jury returns to consider punitive damages--is still the largest amount awarded to an individual in a sex-discrimination lawsuit.

Janella Sue Martin, 48, a credit supervisor in Texaco’s western region since 1984, filed the suit in 1986. Martin charged that the oil company, by passing her over for promotions, caused her to suffer emotionally and to earn less money than the men who got the jobs.

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A week ago the jury awarded Martin almost $6.8 million in compensatory damages--the kind meant to cover actual economic damage along with pain and suffering.

But Superior Court Judge Ronald Cappai, saying the award for compensatory damages was “grossly disproportionate,” took the unusual step Wednesday of asking the 12 jurors if they had considered punitive damages in addition to compensatory damages in reaching the $6.8-million award.

Punitive damages are intended as punishment for intentional or reckless wrongdoing. They are weighed separately from compensatory damages.

After the jurors unanimously agreed that they had mingled the two kinds of damages in their deliberations, Cappai threw out the original verdict. The jurors reconvened to consider compensatory damages only.

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