Judge Voids $11-Million Bias Verdict

A judge Friday voided a jury’s $11.1-million verdict against Pitney Bowes Inc. for workplace bigotry and racial harassment of a salesman, ruling that the judgment so lacked evidentiary support that it “shocks the conscience of this court.”

Los Angeles County Superior Court Judge Malcolm H. Mackey dismissed the claim of Nigerian-born Akintunde I. Ogunleye, who alleged that he was subjected to taunts of “ooga-booga” from a fellow worker.

Pitney Bowes, which was also accused of giving Ogunleye less desirable sales areas and fostering a racially hostile environment, had asked Mackey to erase the judgment.

Civil rights attorneys had called the September verdict the largest jury award in Los Angeles involving race discrimination claims by a worker who had not been fired. It was the second time in less than two years that Mackey has thrown out huge awards to civil rights plaintiffs.

Lawyers for Pitney Bowes hailed the decision, while Ogunleye’s lawyer and jurors who had found for him were critical.

Juror Dorothy Eccles said that the panel made the right decision and that Mackey’s ruling weakens the judicial process.

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“I’m disappointed the judge would do that after all our deliberating and after all the evidence that was presented to us,” Eccles said. “After all the evidence that was presented to us, I think Pitney Bowes was guilty of discrimination.”

In his opinion, Mackey wrote, the alleged “ooga-booga” incident was “unfortunate” but did not prove racial discrimination or emotional distress caused by Pitney Bowes.

“Is our society so fragile that a salesman cannot take isolated comments, in a world where our movies, TV and media constantly use language which is offensive and salacious?” Mackey wrote.

Margaret Henry, who represents Okunleye, said Mackey’s decision shows that he “does not understand either racism or the law. He has demonstrated through his opinions that he will not follow laws outlawing race discrimination.” Henry said she will appeal the decision.

In a 19-page opinion, Mackey pointed to jury bias and repeatedly stressed that there was insufficient evidence to prove that Ogunleye was discriminated against because of his race.

“If there’s no evidence then I would not stick myself, my family, my career on the line and go as far as I went,” Ogunleye said. “If there’s no evidence then how come the jury saw it differently?”

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“What has happened has gone beyond reasoning,” Ogunleye said. “Why do we have a jury system in the United States? Twelve people listened to the case, 10 people said this is the verdict and one person said, ‘No, I’m going to use my power and take it away.’ ”

Mackey called the jury’s award to Ogunleye “disproportionate to the injuries, damages and conduct and so unsupported by the evidence that it shocks the conscience of this court.”

Lester Jones, who represented Pitney Bowes, called the decision vindication for a company that has received several awards for its diversity efforts and community involvement. The Stamford, Conn.-based company is best known for its postage meters and other mailing systems. Its worth is estimated at more than $1 billion.

“While the jury may have believed Mr. Ogunleye was treated unfairly, unfairness is not enough to be interpreted as racial discrimination,” Jones said.

Ogunleye filed the lawsuit against Pitney Bowes, parent company of U.S. Mailing Systems, after he resigned from the subsidiary’s Van Nuys sales office in 1994.