Laguna Beach Man Wins Discrimination Suit Against Toyota Dealership : Courts: Ex-employee, who is black, is awarded $750,000 after the jury finds that his supervisors harassed him with racial jokes and slurs.

A Torrance jury has awarded a black man from Orange County $750,000 after finding that supervisors at the Toyota dealership he worked for harassed him with racial jokes and slurs, including a reference to lynching.

After a two-week trial in Torrance Superior Court, the jury found that Montgomery Roberts, 37, of Laguna Beach, was harassed by two managers and improperly fired after working as an assistant sales manager at South Bay Toyota in Gardena from July, 1990, to May, 1991.

Roberts had charged in his suit that the managers repeatedly referred to him as “nigger” and “uppity nigger.” One supervisor, Roberts said, told him: “We used to lynch niggers where I come from,” and then pulled up his tie to mimic a hanging.

“There is a God,” Roberts said after the jury ruled in his favor Monday, dispelling his qualms about the lack of black jurors in his case.

Roberts’ suit, heard before Superior Court Judge J. Gary Hastings, alleged racial discrimination, wrongful termination of employment, intentional infliction of emotional stress, and negligent supervision.

The jury on Monday awarded him $600,000 in general damages for lost wages and emotional stress.

After more testimony Tuesday, it ordered the dealership and its parent company, Sapporo Toyota of Los Angeles, to pay $125,000 in punitive damages. Sales manager Frank Montebello was ordered to pay $10,000, and general manager Nick Newmeyer was ordered to pay $14,500.

Roberts’ attorney, Jack Anthony, had asked the jury for $1.9 million in punitive damages from the Toyota dealership; $50,000 from Montebello, and $75,000 from Newmeyer.

“Money is an issue, but it is not the issue,” Roberts said. “I wanted an example to be set.”

James Lewis, the attorney for the three defendants, called the awards excessive. Lewis said he intends to appeal on the ground that his clients cannot afford to pay the sums.

During the trial, Lewis sought to cast doubt on Roberts’ claim that he was harassed, alleging that he was a willing participant in workplace joshing meant to alleviate stress.

The attorney further questioned why Roberts would return to the dealership after being dismissed in November, 1990, for insubordination, if the harassment was so bad. Lewis said he doubted Roberts’ claim that he returned because he needed the job and because of assurances from managers that the jokes and slurs would stop.

Racial jokes and slurs were regularly exchanged among the multiracial staff of 140, but in a lighthearted way, Lewis said.

“Everybody picked on everybody,” he said.

Roberts was fired again in May, 1991. Lewis denied Roberts was dismissed on racial grounds, saying he simply did not get along with his supervisors.

“The man was fired because of personality conflict,” Lewis said. “He and Frank Montebello constantly argued about everything. (Roberts) did not like the way he was told to do things.”

Nevertheless, jurors said they felt the dealership and employees should have known that racial slurs should not be tolerated.

“The joking and making statements about people’s race has been a no-no for years,” said juror Roger Robinette, 47, a manager at Nissan Corp. “We were looking at it not being acceptable at any time.”

The jury, however, declined to award large punitive damages because it believed the dealership “has taken care of the problem and is sensitive to it, and it’s probably not going on now,” Robinette said.