Gober

In this sexual harassment case, juries have twice awarded plaintiffs substantial punitive damages. On this third appeal, we are faced with several issues, including whether the amount of punitive damages awarded by the second jury violates federal due process principles and whether this issue is properly before us on an appeal from an order denying defendant’s request for judgment notwithstanding the verdict (JNOV). In the published part of this opinion, we answer the second question in the affirmative, conclude that the amount of punitive damages was constitutionally excessive and that the maximum award consistent with constitutional principles and the facts here is a ratio between punitive and compensatory damages set at six to one.

In the unpublished portion of this opinion, we address plaintiffs’ contentions that the trial court should have awarded them postjudgment interest on the compensatory and punitive damages awarded to them.

FACTUAL AND PROCEDURAL BACKGROUND

In August 1995, Terrill Finton, Dianne Gober, Sarah Lang, Talma (Peggy) Noland, Suzanne Papiro and Tina Swann (collectively, plaintiffs) were employees at a store operated by Ralphs Grocery Company…