Radio DJ wins $10.6 million in stink over perfume

[Guest guest]

Radio DJ wins $10.6 million in stink over perfume

WYCD personality claims she was fired after co-worker's scent made

her sick.

By Shepardson / The Detroit News

http://www.detnews.com/2005/business/0505/24/A01-191461.htm

DETROIT -- A former top-ranked radio host, who claims she was

sickened by a colleague's use of a perfume described as " romantic,

sensual, emotional, " won $10.6 million in a federal court lawsuit

Monday.

Weber, who was on the air at WYCD-FM (99.5), contends in her

suit that she was fired in 2001 after she complained about being

exposed to Tresor perfume, which sells for $45.50 a bottle and is

described by Lancome as a combination of ingredients such as rose

and lilac. She said she was sickened by the fumes, a condition that

began when a co-worker exposed her to spilled nail-polish remover in

the country music station's Southfield studio.

The perfume was worn, her suit said, by another radio personality,

Lee, whose legal surname is Bullock.

" I'm thankful that the jury took so much time to come to the right

conclusion, " Weber, 43, of Cleveland, said after the verdict. " It's

a great day. "

The verdict awarded her $7 million in punitive damages, $2 million

in mental anguish and emotional distress and $1.6 million for past

and future compensation after a six-woman jury in U.S. District

Court in Detroit spent eight days deliberating.

Weber claimed exposure to Tresor caused her to lose her voice and

take lengthy absences from work. She also said she once " felt an

electric shock quell through my entire body " and required heavy

medication to combat the effects.

Weber says she been unable to get another job in radio since she was

fired in 2001 and claims Infinity Broadcasting " blacklisted her " --

a claim the company rejects. She now works as a freelance voiceover

specialist and can be heard on thousands of Otis elevators all over

the country, announcing the number of each floor.

Weber, who began work in March 1999, claimed that soon afterward, co-

workers spilled " toxic chemicals " in the radio studio and she

suffered " raw chemical burns to her airways and sinuses. " Her

doctor, , " warned (Weber) that further exposure to

perfume could even result in death, " a brief from her lawyers said.

Her doctor said Weber shouldn't be exposed to co-worker Lee's Tresor

perfume.

Weber claimed Lee, who is co-host of the & Lee afternoon

show, intentionally exposed her to her perfume. WYCD said it

specifically required Lee to stop wearing any perfume in response to

Weber's complaints. The station said in its response that it

modified Weber's schedule so they wouldn't come into conduct during

shift changes.

In a May 2001 e-mail to the station manager, presented as evidence,

Weber said Lee's perfume caused her to lose her voice and that Lee

intentionally walked by her at the Downtown Detroit Hoedown -- a

popular annual country music festival. " nearly brushed past me

and a cloud of perfume trailed behind me, " Weber wrote.

" To have brought the perfume with her suggests forward planning.

This appears to be a premeditated attack which was entirely

unprovoked by me in anyway, " Weber wrote. " Please tell me what steps

you plan to take to ensure my safety. "

Lee did not return a telephone message seeking comment left at the

radio station.

Weber's lawyer, Sterling, said his client doesn't have

problems with " natural smells " but does with the chemical basis of

the perfume -- a fact he says was confirmed by three doctors at the

weeklong civil trial.

" The real reason she was fired is that management didn't make her

stop wearing the perfume, " Sterling, a Troy lawyer, said. " There are

co-workers in all walks of life that don't get along for one reason

or another, but it's up to management to handle the situation. "

Weber was fired in September 2001.

The station is owned by Infinity Broadcasting. Infinity lawyer

Tukel said in a court filing that the toxic chemicals in the

studio were Glade Air Freshener and acetone, used once for manicures

during a morning-show " bit. "

In October 2000, Weber took a three-month medical leave and returned

to work in January 2001.

A spokeswoman for Infinity said the company planned to

appeal. " We're disappointed in the verdict and intend to make all

the appropriate post-trial motions, " said L. Mateo.

Mateo also said the company's lawyers believe the $7 million

punitive damages verdict will be reduced to $300,000. Federal law

generally caps punitive damages at $300,000 for the claims that

Weber brought.

Weber's lawyer said that's likely, but they will try to convince the

judge to uphold the full verdict. Weber's lawyer also said they will

ask the judge to order Infinity to pay Weber's legal bills, which

could hike the verdict.

Weber, who was a 26-year radio veteran, also claimed the station

paid her far less than her male co-workers. She was nominated five

times for the Country Music Assocation's Personality of the Year

award.

The station manager, Rodman, said in a deposition that

Weber " always gave top-level professional work to the station. "

Weber previously worked in Cleveland at top-rated WGAR. The station

admitted that " (Weber) had both the highest revenues and highest

profits of all of WYCD's shows " in 2000, Weber's last full year at

the station.

In 2001, frustrated with the " glass ceiling " at the station, Weber

said she filed a complaint with the Equal Employment Opportunity

Commission. The station then retaliated, she said, by taking away an

endorsement deal, removing her e-mail account and assigning her a

new shift.

You can reach Shepardson at (313) 222-2028 or dshepardson@

detnews.com.