DJ's lawsuit award isn't so sweet anymore

Former WYCD host's lawyer will fight federal judge's trim of $10.6M verdict to $814,000

DETROIT -- An ex-country music DJ's court victory -- in which she won $10.6 million after she claimed she was sickened by a fellow radio host's use of French perfume -- no longer smells as sweet.

U.S. District Judge George Caram Steeh, in a 19-page opinion, reduced former Detroit radio host Erin Weber's award to $814,000.

Steeh said he was tempted to throw the entire verdict out, in part because he questions whether she has a perfume allergy.

"The weight of the evidence does not clearly support a finding of a perfume allergy," Steeh wrote in a recent opinion. "There are many reasons to seriously consider setting aside the verdict in this case."

A Troy lawyer for Weber, Raymond Sterling, said Friday they would seek to have the full amount reinstated by Steeh and by a federal appeals court.

"We don't feel the reduction is justified. We've already filed papers to explain to the judge why he should uphold the original intent of the jury and we intend to also go to the court," Sterling said.

Weber, a former midday host at WYCD (99.5 FM), filed suit in 2002, claiming a chemical allergy that developed after her 1999 exposure to chemicals spilled in a radio studio was exacerbated to the point she could no longer work.

Weber said co-worker Linda Bullard's use of the perfume Tresor by Lancome forced her to take a three-month leave of absence in 2000. Following a third medical leave for an alleged exposure to the offending perfume, she was fired in September 2001 for failing to perform her job. Bullard goes by the radio name Linda Lee.

An all-female jury in May awarded Weber $7 million for punitive damages; $2 million for noneconomic damages; $1.1 million for future economic damages; and $514,000 for past economic damages. In his opinion, Steeh said the size of the verdict "is telling evidence that the jury in this case was inflamed."

"It is unclear whether the jury's prejudice was a result of the peculiar composition of the all-female jury, the defendants' failure to pursue arguments which would have obliterated many of (Weber's) claims or the defendants' failure to focus sufficient attention to the damages issues," Steeh wrote.

But Steeh agreed to award attorneys' fees to Weber. Sterling has sought $630,000; the judge will hold a hearing in January to determine the amount.

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 said she has been unable to get another job in radio since she was fired in 2001 and claims Infinity Broadcasting "blacklisted her" -- a claim the company, which owns WYCD, rejects.

Karen L. Mateo, vice president for communication at Infinity Broadcasting, said Friday the company had no comment on the judge's decision to reduce the verdict. "We continue to litigate the case," Mateo said.