KY COA reverses dismissal of sexual harassment claim

Yesterday in Wright v. Highland Cleaners, Inc. (unpublished), the KY COA reversed the Jefferson Circuit Court's order dismissing Wright's sexual harassment claim for failing to comply with a pretrial order requiring, "Each party seeking monetary damages of any nature at trial [to] file an itemization of damages 30 days before trial."  As compliance with this order, Wright submitted a report that stated,

"1. Compensatory Damages – including but  not limited to physical and mental pain and suffering, emotional distress, mental anguish, humiliation, embarrassment, loss of wages and other employment benefits, in an amount to be determined by a jury not to exceed: $1,000,000.

On the first day of trial, Highland moved the Court (J. Clayton) to dismiss the claim for failing to itemize damages in accordance with the pretrial order.  Citing Fratzke & LaFleur, the Court dismissed Wright's claims.  The COA reversed, finding Fratzke & LaFleur to be non-applicable because this case did not involve failure to respond to interrogatories.  The COA held the pretrial order was ambiguous and that Wright made a good faith attempt to comply.