J. Scott McFetters v. Amplicon Inc., Patrick E. Paddon
Published: Feb. 1, 1997 | Result Date: Jan. 13, 1997 | Filing Date: Jan. 1, 1900 |Case number: 749435 Verdict – $870,000
Judge
Court
Orange Superior
Attorneys
Plaintiff
Paul C. Kwong
(Pollard, Mavredakis, Cranert & Crawford)
Defendant
Scott B. Cooper
(Orange County Superior Court)
Experts
Plaintiff
David Hahn
(technical)
Facts
From May 1, 1989 to Jan. 23, 1995, plaintiff J. Scott McFetters, a 30-year-old salesperson, was employed by defendant Amplicon Inc., a publicly traded company. He was originally employed as a sales representative but had been promoted to territory manager at the time of his termination. On July 13, 1994, the plaintiff was discussing a new sales plan with another sales representative when defendant Paddon, the CEO, president and majority shareholder of Amplicon, came into the plaintiff's office. The plaintiff alleged that defendant Paddon hit, grabbed and dragged the plaintiff 139 feet througout the Amplicon offices. The plaintiff further alleged that defendant Paddon told the plaintiff that he was fired but then allowed him to continue working. The plaintiff also claimed that Paddon tormented him, eventually causing the plaintiff to terminate his employment. The plaintiff brought this action against Amplicon and Paddon based on tortious, constructive and wrongful discharge in violation of public policy, breach of the implied contract, breach of the covenant of good faith and fair dealing, assault and battery, false imprisonment and intentional infliction of emotional distress theories of recovery.
Settlement Discussions
The plaintiff informed the court during the trial that he would not settle for less than $1 million. The defendants made a C.C.P. º998 offer of compromise for $10,000.
Other Information
The verdict was reached approximately one year and six months after the case was filed. The court granted the defendants' motion for nonsuit regarding all causes of action except assault, battery and intentional infliction of emotional distress as it related to the assault and battery. The defendants intend to file motions for partial judgment notwithstanding the verdict and for new trial.
Deliberation
5 to 8½ hours (liability), 2½ hours (punitive damages).
Poll
12-0 (liability), 9-3 (punitive damages)
Length
15 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390