Facts

Susan Lintz had sued attorney Thomas A. Vogele and his law firm Gimino Vogele Associates LLP, in relation an independent forensic accounting investigation conducted by a certified public accountant hired by attorney Richard D. Williams and his law firm, Kelly Lytton & Williams LLP, concerning the business affairs of Lintz's late father. Vogele and Gimino Vogele Associates filed an anti-SLAPP motion and the lawsuit was dismissed. Vogele and his firm then sued the defendants for malicious prosecution, including Lintz's mother, Mary Davis, who had loaned her daughter money for the lawsuit.

In Phase 1, the parties tried the issue of probable cause to the court. Following a 16-day trial, the court ruled that the underlying case was filed without probable cause. The jury trial followed in February 2017.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that the prior action was prosecuted for the purpose of triggering malpractice insurance and that the prior action had no merit. Plaintiffs contended defendants had sought $20 million in damages in the prior action.

DEFENDANT'S CONTENTIONS:
Williams, Kelly Lytton & Williams, and Lintz contended that the prior action was filed for a proper purpose, i.e., to vindicate the rights of Lintz. The defendants further contended that Vogele had suffered minimal damages and that Gimino Vogele Associates suffered no damages.

Result

The jury returned a verdict for Vogele of $132,381 in economic damages and $50,000 for emotional distress against Williams, William's firm, and Susan Lintz. The jury also awarded Vogele $37,500 in punitive damages against Williams and Susan Lintz each for a total of $75,000 in punitive damages. The jury did not award damages to Gimino Vogele Associates and found no liability as to Mary Davis.

Other Information

Williams, Kelly Lytton & Williams, and Susan Lintz intend to appeal the Phase 1 finding of lack of probable cause and rulings in the jury trial. FILING DATE: April 2, 2012.

Deliberation

two days

Length

18 days