Scott T. Coxon, Michael T. Morishige and Robert A. Cocita v. Pepsico aka Pepsi-Cola aka Pepsi; Palomar Investigative Group, Inc.; Jack Suttie, et al.
Published: Sep. 21, 1996 | Result Date: Jul. 22, 1996 | Filing Date: Jan. 1, 1900 |Case number: 687812 – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Miles D. Scully
(Gordon & Rees LLP)
Clark R. Hudson
(Neil Dymott Hudson, APLC)
Steven R. Parminter
(Wilson, Elser, Moskowitz, Edelman & Dicker LLP)
Experts
Defendant
Edward I. Gelb
(technical)
Facts
The plaintiffs -- Scott Coxon, Michael Morishige and Robert Cocita -- claimed they were falsely imprisoned by defendant Pepsico aka Pepsi-Cola aka Pepsi, the plaintiffs' employer, during their employer's investigation of employee theft and moonlighting issues. The defendant employer hired defendants Palomar Investigative Group and Jack Suttie to investigate the allegations. All three plaintiffs were eventually terminated, but claimed that their confessions were coerced and that they were not permited to leave the room nor seek union representation. The defendants denied the plaintiffs' allegations. The plaintiffs claimed wage loss, loss of reputation and emotional distress damages. The court granted summary judgment as to the claims of plaintiffs Coxon and Morishige. Plaintiff Cocita's claims proceeded to trial, at which a nonsuit was granted.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $800,000, reduced to $500,000 and then $300,000 (for all three plaintiffs) prior to the motion for summary judgment hearings. Plaintiff Cocita demanded $500,000 before trial. The defendants made a C.C.P. º998 offer of compromise for $2,501 to each plaintiff.
Other Information
The decision was reached approximately five days after the start of trial.
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