Carolinas Verdicts

Plaintiff(s):

Jean Dominique (Male, 60 Years)

Plaintiff Attorney(s):

Harvey L. Kennedy;
Kennedy Kennedy Kennedy & Kennedy, LLP;
Winston-Salem,
NC,
for
Jean Dominique ■ Donna Taylor;
Kennedy Kennedy Kennedy & Kennedy, LLP;
Winston-Salem,
NC,
for
Jean Dominique ■ Harold L. Kennedy, III;
Kennedy Kennedy Kennedy & Kennedy, LLP;
Winston-Salem,
NC,
for
Jean Dominique

Defendant(s):

Steve Wilburn, 

Old Hickory Council, 

Boy Scouts of America

Defense Attorney(s):

Michael W. Fox;
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Austin,
TX,
for
Boy Scouts of America ■ Shannon ("Missy") S. Spainhour;
Davis Hartman Wright;
Asheville,
NC,
for
Steve Wilburn, Old Hickory Council ■ Angela D. Green;
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Dallas,
TX,
for
Boy Scouts of America

In May 2011, plaintiff Jean Dominique, black, who was a District Executive for the Old Hickory Council, a local council chartered by the Boy Scouts of America, was terminated from his position. Dominique claimed he was racially harassed and discriminated against based on his race, and that he complained about the alleged racially-motivated discrimination. He also claimed he was fired because of his race and/or the complaints he alleges he made. Dominique sued Boy Scouts of America, Old Hickory Council, and Steve Wilburn, the Scout Executive for Old Hickory Council. Dominique claimed he was responsible for recruiting scouts and volunteers in Piedmont I, a sub-district that is predominantly black and Hispanic. Dominique claimed that local Scout leaders failed to provide him sufficient finances to recruit low-income children and volunteers to the Scouts in East Winston. Dominique claimed that, although The United Way provided $1.25 million to the Old Hickory Council over seven years, Dominique never knew about the money, even though he had complained about the lack of resources he had been given. Dominique also claimed he made complaints about racial discrimination. He also claimed the defendants intentionally inflicted emotional distress upon him and tortiously interfered with an alleged contract between him and the defendants. Defendants contended that Dominique claimed he was entitled to receive additional monetary funding for his work in East Winston, even though he never followed the policies for obtaining additional funding by submitting a formal request with a budget identifying the use of such funding. Other similarly-situated District Executives were also required to follow this policy and did not receive any additional funding absent a budget and formal request. Defendants admitted evidence at trial that the Old Hickory Council never denied any monetary assistance (for uniforms, membership fees, campership money, etc.) that was requested on behalf of a specific child in Dominique’s service area. Defendants denied there were ever any such complaints about racial discrimination. Defendants denied all of Dominique’s allegations of discrimination, retaliation, and any other unlawful conduct, and contended that Dominique was fired for poor job performance.

Dominique sought $6.65 million in damages for alleged severe mental and emotional distress and for lost past and future earnings. Dominique also intended to seek additional punitive damages in an unknown amount if the jury found in his favor.

The jury determined that the defendants did not harass or discriminate against Dominique based on his race; did not retaliate against Dominique because of any complaints he allegedly made about racial harassment and discrimination; and did not intentionally inflict emotional distress upon Dominique. The jury did find that the Scout Executive for Old Hickory Council wrongfully interfered with contracts between Dominique and Old Hickory Council and Boy Scouts of America, and that Old Hickory Council ratified the Scout Executive’s conduct. The jury awarded Dominique $139,272 in lost past earnings, but completely denied plaintiff’s request for mental anguish and emotional distress.

Judge:

L. Todd Burke

Trial Length:

4
 weeks

This report is based on information that was provided by defense counsel. Plaintiff’s counsel did not respond to the reporter’s phone calls.