By CYNTHIA DIPASQUALE | Maryland Daily Record
An Ethiopian woman who said she was kept as an indentured servant in a Potomac home for four years won a $61,000 federal jury verdict against her employers on claims of unjust enrichment.
Fikre Wondimante’s lawyers consider this judgment a win even though they had hoped for something in the ballpark of $200,000 plus punitive damages and attorneys’ fees.
However, the defendants are also claiming victory.
“With $60,000, we won,” said David C. Simmons, lawyer for Fana and Meherete Assefa, two sisters named as defendants in the lawsuit. “We won big time. We offered to settle the case for much more than that.”
Wondimante filed suit against the Assefas under the federal Fair Labor Standards Act and the Maryland Wage and Hour Law, but the sisters prevailed on those claims. The jury in U.S. District Court in Greenbelt found in the plaintiff’s favor only on the unjust enrichment claim.
Wondimante’s August 2004 complaint alleged that the Assefas, both naturalized U.S. citizens, brought her over from their home country to work for a salary of $200 a month.
The plaintiff said she worked from 8 a.m. until 11 p.m. each day, cooking, cleaning and caring for the Assefas’ mother. Over the four years she lived in the home, she claims to have worked 22,000 hours for just $2,000 in pay. She says she left after seeking help from a distant relative living in Washington, D.C.
“There was a lot of mud slung, and it’s hard to say what affect that had on the jury and if that was a significant factor in the verdict,” said Wondimante’s pro bono lawyer, Donald Salzman. “Obviously the verdict vindicates our client, but we were hoping the jury would find she worked the hours that she did.”
Simmons, the defendants’ lawyer, guessed that Wondimante sought to position herself as a “human trafficking” victim in order to get on the fast track for U.S. residency. Wondimante lived as a family member with the Assefa sisters and her work around the house constituted chores, he said.
“It’s sad, because the attorneys who worked on her behalf and the group that was supporting her are good, well-meaning, talented folks, and I think they got duped on this,” Simmons said.
Wondimante was represented by CASA of Maryland Inc. along with Salzman and other lawyers from Skadden, Arps, Slate, Meagher & Flom.
Ruling
Fikre Wondimante v. Fana Assefa et al.
Court: U.S. District Court in Greenbelt
Case Number: Civil No. JKS 04-3718
Proceedings: Jury trial
Judge:Jillyn K. Schulze
Outcome: Plaintiff’s verdict
Dates: Incident: June 2000 – June 2004; Suit filed: August 2004; Disposition: June 5, 2007
Plaintiff’s Attorneys: Andrew Sandler, Donald Salzman and Bradley Klein of Skadden, Arps, Slate, Meagher & Flom in Washington, D.C.; Elizabeth Keys of CASA of Maryland Inc.
Defense Attorney: Donald C. Simmons of Washington, D.C.
Damages sought: $700,000
Award: $61,000
Incident location: Potomac, Md.