Dwight D. Smith v. The Upper Deck Company
Published: May 4, 1996 | Result Date: Feb. 1, 1996 | Filing Date: Jan. 1, 1900 |Case number: 681699 – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Richard Lucal
(Brownlie Hansen LLP)
Defendant
Experts
Plaintiff
Robert H. Wallace
(technical)
Facts
In December of 1992, the plaintiff, Dwight D. Smith, a 34-year-old attorney, was hired by the defendant, The Upper Deck Company, as in-house counsel. The plaintiff alleged that he was forced to work in an unethical environment and was constructively discharged on August 12, 1994. The defendant alleged that the plaintiff resigned from his position. The plaintiff brought this action against the defendant based on breach of contract, fraud, violation of Labor Code º970 and intentional and negligent infliction of emotional distress theories of recovery.
Settlement Discussions
Per the defendant, the plaintiff made a settlement demand for $250,000. The defendant made a C.C.P. º 998 offer of compromise for $3,500.
Specials in Evidence
$141,000 $140,000
Damages
Per the plaintiff, the plaintiff claimed $290,000 in special damages and asked the jury to award $7,000,000 in punitive damages. Per the defendant, the plaintiff claimed $340,000 in special damages.
Injuries
The plaintiff alleged that he suffered emotional distress as a result of the defendant's conduct.
Other Information
The verdict was reached approximately one year and four months after the case was filed.
Deliberation
1+ hours
Poll
11-1 (fraud); 10-2 (Labor Code º970)
Length
3+ weeks
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