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Pennsylvania Jury Returns $20.5M Verdict Against American Home Patient/Lincare

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A jury in the United States District Court for the Middle District of Pennsylvania returned a verdict of $20,500,000 against American Home Patient/Lincare in a racial discrimination case arising out of its State College, Pennsylvania location. The 8 person jury awarded Patricia Holmes $500,000 in compensatory damages and $20 Million in punitive damages. It found that American Home Patient/Lincare, by and through its employees, including a manager, intentionally discriminated against Ms. Holmes by creating a hostile or abusive work environment because of her race in violation of federal law (Title 42, United States Code, Section 1981.)

Evidence at trial included testimony that during the approximately 10 months that Ms. Holmes, a black woman, was employed as the only black person in that location, employees in the office, including a manager, engaged in racially discriminatory behavior.  This behavior included the use of the “N” word, references to the Ku Klux Klan, and use of the term “coonie.” Employees of the defendant conceded that they knew that engaging in racially discriminatory conduct was in violation of federal law.

Tom Anderson of the Pittsburgh office of Bordas & Bordas who served as trial counsel for Ms. Holmes commented, “From the time that Ms. Holmes first described this conduct to me, my immediate reaction was that it was outrageous.  It is not conduct that is acceptable anywhere, including, and perhaps especially, in the workplace.  It was my privilege to be able to stand up and present this case on behalf of Patricia.  I was confident that once a jury heard the facts that it would do the right thing.”

Following the jury’s verdict, Patricia Holmes remarked that “Collectively as Americans we all need to stand together and if we stand by each other’s sides that’s the only way we can make a difference.”

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Jamie Bordas, Managing Partner of Bordas & Bordas stated, “We are very pleased with the outcome of this case.  Our firm has a long history of fighting for justice for minorities and women dating back to the early 1980s.  Tom did an excellent job of representing Ms. Holmes and it makes us tremendously happy that our attorneys are able to continue to provide this type of excellent advocacy on behalf of our clients in making large companies pay when they mistreat people.” 

The Defendant was represented by Mishell Kneeland of the Dallas office of Culhane Meadows and Jo Bennett from its Philadelphia office.  United States District Court Chief Judge Matthew W. Brann presided over the trial.

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Bordas & Bordas is a plaintiff’s litigation law firm with offices in Pittsburgh, Wheeling, W.Va., St. Clairsville, Ohio, and Moundsville, W.Va. The firm’s attorneys practice throughout the region in diverse areas of law and are licensed in Pennsylvania, West Virginia, Ohio, and Texas.

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