Paso Robles winery owner faces sexual harassment lawsuit

 Two years ago, Tammi Herron was a 42-year-old single mother with two children earning a modest living in Southern California as a hand model. Dick Niner was 67, married with two grown children, and a wealthy venture capitalist based in Greenwich, Conn.

Both had a dream of being in the wine industry in San Luis Obispo County. He bought land near Paso Robles and started a wine company, Niner Wine Estates, in 2001. She was hired as his sales representative in 2007.

Now Niner stands accused of sexually harassing Herron while she was employed for four months with his company. A sexual harassment lawsuit, filed in late 2007, is set to go to trial at the end of this month.

Civil lawsuits such as this case represent one side in a dispute.

For more than 30 years, Niner invested in many other companies in the country, including those involved in air freight, men’s toiletries, clothing, medical devices and school supplies. Niner’s first venture in San Luis Obispo County was the purchase of local sunglass manufacturing company Dioptics in 1996.

In 2001, he “jumped at the chance” to buy Paso Robles’ local Bootjack Ranch and Heart Hill vineyard properties and start the Niner Wine Estates business, according to the company’s Web site. He is now building a massive winery and tasting room on the Heart Hill property with plans to make about 30,000 cases of wine a year.

Herron’s lawsuit alleges that a month after Niner hired her as a wine sales representative, he invited her to stay with his family in Jackson, Wyo. But she was made to feel so uncomfortable by Pam Niner and their daughter that Herron ultimately found another place to stay the last few days of her trip, the suit alleges.

When Herron returned to work, she found herself in a hostile work environment, the suit states. Pam Niner and the general manager Michael Musso were doing whatever necessary to remove her “in order to keep (Dick) Niner at bay,” giving her “impossible” travel schedules and other “unrealistic” expectations, the lawsuit contends. They also told her she was not supposed to communicate with Niner directly, the lawsuit alleges.

A few months later, Niner was in town and met with Herron at the San Luis Obispo restaurant Koberl at Blue. In the restaurant bar, he told her he loved her and as she drove him back to their office, he kissed her twice. When she did not reciprocate, he called her a “turkey” and said he’d call her the next day, the lawsuit alleges.

Herron resigned from her job in November. A month later, she filed the lawsuit alleging sexual harassment and creating such intolerable or aggravated work conditions that a reasonable person would be compelled to resign.

She is seeking an unspecified sum of money for damages as well as reimbursement for attorney’s fees and costs, as well as any further relief that the court deems just and proper, according to court documents.

Niner and his company have denied they have engaged in any wrongful conduct toward Herron, and have said that she has not suffered any injury or damages as a result of their actions, according to pleadings filed with the court. His company attorney, Marty Moroski, declined to comment. Niner was reached by The Tribune in Connecticut, but also declined to comment.

The trial is set for Feb. 23 before San Luis Obispo Superior Court Judge Barry LaBarbera.