CULLMAN - A local woman was awarded a total of $800,000 in damages by a federal judge on Sept. 29 following a civil jury trial in which the Surgery Center of Cullman, Inc. (an affiliate of Illinois-based Surgical Care Affiliates), and Dr. Kevin Johnson were found to have violated Title VII of the Civil Rights Act of 1964 by subjecting Dana Anderson to a hostile work environment because of her sex.

Anderson claimed that Johnson, an anesthesiologist at the Surgery Center of Cullman, sexually harassed her in the workplace. She also alleged that she reported the harassment to management, who took no corrective action.

The trial was held in Birmingham in the United States District Court for the Northern District of Alabama, with Judge Abdul K. Kallon presiding.

According to official court documents, “The jury awarded Dana Anderson $250,000 in compensatory and $250,000 in punitive damages. The jury also found that Dr. Kevin Johnson committed both assault and battery and the tort of outrage, and consequently awarded Dana Anderson $200,000 in compensatory damages and $50,000 in punitive damages for the assault and battery and $200,000 in compensatory damages and $50,000 in punitive damages for the tort of outrage against Dr. Kevin Johnson.”

Tort of outrage is defined as the intentional infliction of emotional distress.

A judgment was entered for a total amount of $500,000 from Johnson and $300,000 from Surgical Care Affiliates.

In accordance with the jury’s verdict, judgment is ENTERED against Dr. Kevin Johnson in the amount of $500,000. As to Surgical Care Affiliates, consistent with the damages cap imposed by 42 U.S.C. § 1981a(b)(3)(D), judgment is ENTERED against the company in the amount of $300,000. Costs are taxed against the Defendants.

The Surgery Center of Cullman is located at 1403 Wall Street in Cullman. The Tribune has reached out to the practice for comment, but as of press time no comment has been made.
Haynes & Haynes P.C.
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