Copyright 1997 National Broadcasting Co. Inc.  
NBC News Transcripts

SHOW: DATELINE NBC (10:00 PM ET)  

August 4, 1997, Monday 10:31 AM


HEADLINE: IT RHYMES WITH...; JERRY MACKENZIE WINS MULTIMILLION DOLLAR SETTLEMENT AGAINST MILLER BREWING COMPANY AND PATRICIA BEST FOR CLAIMING HE WAS FIRED FOR TELLING JOKE HE HEARD ON "SEINFELD" EPISODE

REPORTERS: DAVID GREGORY

The Jury decides

GREGORY: You saw the "Seinfeld" episode, and then you heard about the conversation. Do you think MacKenzie did anything wrong in this conversation?

Unidentified Juror #1: No.

Unidentified Juror #2: No. No.

Unidentified Juror #3: No.

Unidentified Juror #4: To us, it did not appear as sexual harassment at all.

Juror #1: I think you know what level of conversation you can carry on with someone, and I think he felt very comfortable with her.

GREGORY: (Voiceover) The jurors we spoke with didn't believe Best was truly offended.

(Group of jurors)

Juror #2: He wasn't trying to be lewd about it.

Offscreen Voice #1: No.

Offscreen Voice #2: No.

Unidentified Juror #5: And then with her using foul language in the workplace, doesn't that open doors for him to, you know, even talk about anything?

GREGORY: (Voiceover) And, after six hours of deliberations, the 10 women and two men unanimously found Best's conduct had been outrageous--so outrageous, in fact, they socked her with a $ 1.5 million judgment.

(Jury deliberating room)

Was Patricia G. Best's conduct outrageous?

Answer: Yes

Punitive damages?

Answer: $ 1.5 mil.

GREGORY: Why, as the jury, did you say to Patty Best, You've got to pay a million and a half dollars'?

Juror #2: She used an issue that is very sensitive today. She has hurt sexual harassment cases by the mere fact she claimed this because he showed her a word.

GREGORY: What would you say to those people who say Ten women on a jury, and they came back with this decision. These are women who just don't get it'?

Juror # 2: I'd say they weren't--they don't know anything about the court case, because it wasn't sexual harassment. If you cannot converse with people, where are we going to get, you know?

Ms. BRAVO: This is a chilling message to people who are being treated badly in the workplace.

GREGORY: (Voiceover) Best's spokesperson, Ellen Bravo, worries this verdict will have an impact on working women everywhere.

(Exterior of court building)

Ms. BRAVO: This is what they're going to say, You know, unless I'm sexually assaulted in front of a witness, I'd better keep my mouth shut because everybody's going to say I'm thin-skinned or I'm a liar or I'm a slut or I'm something else and I could be sued.'

GREGORY: (Voiceover) For MacKenzie, the verdict was a potential windfall. The jury also ordered Miller to pay $ 24 million for lying to him about his job status when he worked there, but MacKenzie says getting the award wasn't nearly as important as getting something else.

(MacKenzie hugging attorneys in court; MacKenzie reading newspaper in chair)

Mr. MacKENZIE: I feel that the verdict has cleared my name. It has vindicated me. These 12 people said, We agree, you did nothing wrong.'

PHILLIPS: Jerry MacKenzie still doesn't have a job and probably won't see any of that multimillion dollar jury award anytime soon because of appeals. Patricia Best still works for Miller, and as for the $ 1.5 million the jury said she should pay, the company says, if and when that's necessary, it will pick up the tab.


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