On the third day of deliberations, the jury hearing a lawsuit against American Airlines by a former longtime flight attendant ruled in the airline's favor.
Kimberly Goesling, who retired from the airline late last year after more than 30 years, had sought more than $1 million, claiming that the airline did nothing to prevent a celebrity chef it had hired from sexually assaulting her.
Goesling also claimed that the airline retaliated against her after she reported the incident to human resources, saying that elite assignments came to an end after the incident.
The jury decided that while Goesling was indeed sexually assaulted by celebrity chef Mark Sargeant during a business trip to Germany in January 2018, it could not determine that Brett Hooyerink, the vice principal for American and in charge during the trip, participated in the assault.
Therefore, it could not award Goesling any damages.
"I am disappointed for Kimberly," says Goesling's lead attorney Rob Miller, "because this took tremendous courage on her part to stand up against the constant attacks against her when she reported this sexual assault."
During the plaintiff's case, Sargeant testified via video link.
He stated that another American employee urged him to go to Goesling's room at the Sheraton hotel in Frankfurt during an alcohol-filled evening.
Sargeant denies sexually assaulting Goesling, and the airline denies egging Sargeant on.
Goesling later took the witness stand and tearfully testified that she went through severe trauma following the assault and continues to do so.
She says it contributed to the breakup of her relationship with her longtime boyfriend.
Goesling said during her more than three decades at the airline, she was promoted to lead flight attendant, responsible for coordinating with the ground crew and flight deck.
She testified that American offered to pay for her counseling but ultimately did not.
Testifying for American, forensic psychiatrist Dr. Emily Lazarou testified that she interviewed Goesling for seven hours in March of 2021 and determined that she did not suffer from PTSD as she claims she had been.
Miller says he will be appealing the decision to the Second Court of Appeals and will seek a new trial.
He says had he been allowed to present certain evidence, the case would have had a different outcome.
"I think Kimberly would have won a significant award if the jury would have been allowed to hear that this celebrity chef had sexually harassed other American Airlines female employees and acted very badly in a number of situations," says Miller. "If they had taken action in response to any of those things, then Kimberly would have never been assaulted."
KRLD has reached out to American Airlines for reaction and will include it when and if it responds to the request.
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