The plaintiff, Deborah H. Steele (“Steele”), brought this action against her former employer, Superior Home Health Care of Chattanooga, Inc. (“Superior”), and her former supervisor, David Twombley (“Twombley”)1, alleging that she was the victim of, among other things, sexual harassment, outrageous conduct, and the intentional infliction of emotional distress. After various other claims were dismissed by the trial court2, the case proceeded to trial before a jury on Steele’s claim of sexual harassment against both Superior and Twombley under the Tennessee Human Rights Act, T.C.A. § 4-21-101, et seq. (“THRA”), and her claim of outrageous conduct and intentional infliction of emotional distress, against Twombley alone. The jury found in favor of Steele on all of the remaining theories of recovery and awarded her $1.2 million in compensatory damages and $60,000 in punitive damages. The trial court also awarded Steele attorney’s fees and costs against both defendants. After Steele accepted a remittitur that eliminated the punitive damages award and reduced the compensatory damages award to $850,000, both Superior and Twombley appealed, raising in substance the following issues for our consideration:
1. Did the trial court err in allowing inadmissible hearsay testimony from witnesses who did not have first-hand knowledge of the events in question?
2. Did Steele’s counsel make improper and prejudicial statements during closing argument, thus warranting a new trial?
3. Is there material evidence in the record to support the jury’s verdict?
4. Did the trial court err in submitting to the jury Steele’s cause of action against Twombley under the THRA?5. Did the trial court err in giving the jury an inaccurate charge, thereby prejudicing its verdict against Twombley?
6. Did the trial court err in not suggesting a further remittitur of the jury’s verdict?
7. Did the trial court err in awarding attorney’s fees against Twombley under the THRA?