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Breach of Contract
Legal Malpractice
Negligence

Theodore Shirley v. Law Offices of Johnnie L. Cochran, Jr. et al.

Published: Nov. 13, 1993 | Result Date: Oct. 20, 1993 | Filing Date: Jan. 1, 1900 |

Case number: BC001555 –  $0

Judge

William E. Burby

Court

L.A. Superior Central


Attorneys

Plaintiff

Richard R. Leuthold


Defendant

Steven E. Moyer


Experts

Plaintiff

Ralph Nutter
(technical)

Defendant

Vincent V. Dalsimer
(technical)

Facts

On May 22, 1988, Plaintiff Theodore Shirley, a dentist in his early 40's, received a jury verdict of $816,500. The Plaintiff was found comparatively liable by 1/3. (The underlying case involved an assault and battery case against a bill collector that allegedly pushed the Plaintiff while collecting an over-due payment.) The Court then reduced the gross verdict by 1/3, with a net of $547,000 to go to the Plaintiff.

Settlement Discussions

Defendants contend their offer was $5,000 and Plaintiff's demand was $400,000.

Damages

$269,500 plus interest and legal fees.

Other Information

The Court of Appeal reversed the trial court's granting of Defendant's Motion for Summary Judgment which was based on collateral estoppel principles. The Court of Appeal decision found the Special Verdict Form to be "ambiguous" on its face. This jury found no negligence on the part of the Defendants. The trial judge refused Plaintiff's request for jury instructions on negligence per se and that the special verdict form was ambiguous.

Deliberation

4 days

Poll

9-3

Length

7 days


#112334

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