LV airline may be hit with sexual harassment damages

Wednesday, April 5, 2000 | 10:38 a.m.

A Norfolk, Va., federal court jury has awarded $1.43 million in damages to a flight attendant in a sexual harassment lawsuit against a company that was based in Las Vegas, but it's unclear if or how the woman will collect the money.

Attorneys for Vilma Aponte said jurors awarded $1 million in punitive damages -- one of the highest punitive awards ever in Virginia federal courts -- plus $300,000 in compensatory damages and $135,000 in wages for Eagle Jet Charter Inc.'s alleged failure to respond to her complaints of sexual harassment by a pilot.

The now-defunct Eagle Jet Charter had charter flights between Norfolk, Newport News and Richmond, Va., to Atlantic City. The airline was operated by Eagle Canyon Airlines of Las Vegas.

In early 1999, Eagle Canyon completed the acquisition of Scenic Airlines from SkyWest Airlines Inc., St. George, Utah, for $12.4 million and took on the Scenic name.

Dennis James, general counsel for Scenic, said the company is considering its options, but he expects the judgment will be appealed. He also said there are legal questions the court must consider on whether damages could be collected from Scenic.

"It's a complex world of laws and litigation and there are constant attacks to corporate protection," James said.

James said Eagle Jet Charter no longer flies, but the company owns three planes and a certificate of operation as assets. He said he did not represent the company in the Virginia case.

Harris Butler of Butler, Williams, Pantele & Skilling, Richmond, Va., one of the law firms that represented Aponte, said he believes Scenic to be a successor company to Eagle Jet Charter. He is researching the charter company's corporate structure.

Scenic is one of several companies owned by billionaire entrepreneur Gene Yamagata, who owns a residence in Las Vegas' Spanish Trails development.

Butler said Aponte now resides in Fort Lauderdale, Fla., and works in a doctor's office.

Aponte, who also was represented by attorney Gail Fisher of Fort Lauderdale, Fla., was a senior flight attendant on Eagle's East Coast routes.

She and her lawyers told the court that in 1996, she had to resist unwelcome sexual advances by a pilot assigned to her flights. In late 1996, the pilot and Aponte were fired.

Eagle officials said Aponte was furloughed as part of a companywide reduction, but she argued that the airline kept flight attendants with less experience.

Butler said the pilot no longer flies commercially.