of Claywell forced the complainant to cooperate with the authorities and live
under a cloud of apprehension that the sexual charges (which were
receiving substantial publicity) would ultimately result in the complainant’s
identity being revealed (TR 64-92).
The complainant was unwilling after her experience with Claywell to work in an environment that placed her in the presence of other men, despite having had both good and bad experiences working with men (TR 93-95).
The complainant’s efforts to mitigate her damages with new employment were extremely and unreasonably limited in terms of the media employed in the search, in the narrow scope of work hours the complainant deemed acceptable and in the highly restricted geographical boundaries she set for prospective employers (TR 115-117).
“In an action at law, the rule is that the entry of a default operates as a confession by
the defaulted defendant of the truth of the material facts alleged in the complaint, which
preclude the defaulted defendant for making any further defense and to permit the entry
of a judgment against him on the theory that he has admitted such of the facts alleged
in the complaint as are essential to such a judgment. It does not follow that the plaintiff
Page 8 of 14