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Ex-Public Regulation Commission worker wins $840,000 in New Mexico sexual harassment case
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SANTA FE A jury has awarded more than $840,000 in damages to a woman who had accused a member of the state Public Regulation Commission of sexually harassing her.
Jurors deliberated for a little more than three hours Monday before determining that David King, 61, not only harassed Wyla Green, 43, but that he, the commission and former commission Chief of Staff Patrick Baca retaliated against her because of her claims.
The jury also determined that King invaded Green's privacy and defamed his former assistant while she was employed at the PRC.
Neither Green nor King were present during the reading of the verdict.
Green's mother, Virginia Green, said her daughter expressed relief during a brief phone call after the verdict.
"I'm very happy it's over and obviously pleased with the outcome," Virginia Green said.
King's attorney, Jerry Walz, said he will ask state District Judge James Hall to set aside the jury's verdict. He and King also will appeal the decision if necessary, he said.
"It ain't over till it's over," Walz said. "I'm sure at the end of the day, Commissioner King is going to be vindicated."
PRC spokesman Paul Carbajal said the commissioners were reviewing the jury's decision with the PRC staff attorneys.
Green originally filed a grievance against King in November 2003, accusing him of sexual harassment. She was fired the following March for allegedly falsifying time sheets, using her state cell phone for personal calls and tardiness.
She sued in state District Court, alleging violations of the Human Rights Act and seeking damages from the commission, King, Baca and King executive assistant Ben Montoya.
Montoya was exonerated by jurors.
King, Baca and the PRC were found liable for $140,307 in compensatory damages.
King was found personally liable for $701,535 in punitive damages.
Walz, however, said the jury made an error in awarding Green the damages for which King is personally liable. He cited the state's Tort Claims Act, which provides governmental entities or persons immunity from liability for tort claims so long as they are acting within the scope of duty.
"We deny David did anything wrong," Walz said. "But even if he did, he would be precluded from damages."

