San Francisco Examiner
March 12, 1994
Jury awards S.F. radio executive $1 million
By Dennis J. Opatrny
of the Examiner Staff
A former national advertising sales manager for radio stations
KSAN and KNEW has won a $1.12 million judgment against her former
employers for wrongful termination.
A San Francisco Superior Court jury returned a unanimous verdict
against Malrite Communications Group Inc. of Cleveland after a three-week
trial, attorney Rod Bushnell said Friday.
Bushnell said the jury deliberated less than a day and found that
the corporation fired Diana Kimbrell, 39, without cause or good
Kimbrell was terminated on June 30, 1992, after nearly seven years
with the radio stations. She handled their national advertising
In an interview, she said her boss had decided to hire new personnel,
including a replacement for her despite the fact that she had received
no negative performance reviews or other indications that she wasn't
doing good work.
Kimbrell said at a termination hearing that her superiors had given
"vague reasons" for firing her, but once she started legal
proceedings, they became more specific, such as alleging she failed
to service her accounts properly.
"The jury didn't buy their argument." Bushnell said.
"We just were able to show that Diana was doing a good job."
William Gaus, lead defense counsel, declined comment on the jury
award. He said Malrite had not decided whether to ask Superior Court
Judge Richard Figone for a new trial or to reduce the amount of
money it must pay Kimbrell.