07-2249, 07-2296 & 07-2297 Thompson v. Memorial Hospital of Carbondale

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Employment
Race discrimination; damages

$500,000 is an excessive damage award for discrimination that resulted in no pecuniary loss.
“We review the award under an abuse of discretion standard of review, and the district court heard all the testimony and declined Memorial’s request for a remittitur. The jury and district court heard extensive testimony from Thompson and his counselor, and his counselor testified that she diagnosed Thompson with an adjustment disorder with depression and anxiety. The jury and judge heard that Thompson only discontinued treatment because he no longer had insurance coverage. They also heard that Thompson was exposed to blood from an injured homeless man and was forced to participate in and witness incidents where he felt patients who needed emergency assistance were being injured even further by paramedics. Nonetheless, we conclude that the $500,000 award is excessive in this case in light of the circumstances, including that Thompson was placed on probation with no change to his compensation and the nature of Thompson’s emotional distress, which although not to be discounted, does not warrant a half-million dollar award. A remittitur to $250,000 will keep this award within rational bounds and in line with other cases. If Thompson does not agree to the remittitur, he will receive a new hearing on this issue. See Marion County, 612 F.3d at 931.”

Affirmed in part, and Vacated in part.

07-2249, 07-2296 & 07-2297 Thompson v. Memorial Hospital of Carbondale

Appeals from the United States District Court for the Southern District of Illinois, Murphy, J., Williams, J.

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