Elizabeth J. Allan v. International Association of Business Communicators, Louis C. Williams Jr., L.C. Williams & Associates Inc.
Published: May 24, 2005 | Result Date: Dec. 15, 2004 | Filing Date: Jan. 1, 1900 |Case number: CGC03419976 Verdict – $18,000
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
David S. Secrest
(Law Offices of David S. Secrest P.C.)
Defendant
Gregory M. Doyle
(Toschi Sidran Collins & Doyle)
Facts
According to the Plaintiff: Plaintiff Elizabeth J. Allan served many years as president of defendant International Association of Business Communicators (IABC), a non-for-profit international network of professionals committed to improving the effectiveness of organizations through strategic interactive and integrated business communication management. On Jan. 11, 2001, IABC and the plaintiff entered into a Resignation Agreement, by which they agreed that "the officers and directors of the company, and any other person authorized to speak on behalf of IABC hereby promise not to say anything and to refrain from trying to cause others to say anything that is disparaging, defamatory, derogatory or untrue about the plaintiff." The parties further agreed, that the "only public statement made beyond that made on Dec. 7, 2000 regarding the plaintiff's resignation" that IABC was permitted to make, was as specifically delineated in the Resignation Agreement. At the time of the effective date of the Resignation Agreement, defendant Louis C. Williams Jr. was IABC's interim president, and therefore he became bound to the terms of the agreement. In fact, Williams conceded he was bound by the terms of the agreement. Williams resigned as IABC's president in July 2001. In August 2002, at a very public presentation in Denver, Colo., made by Williams at the annual national convention of the American Society of Association Executives (ASAE) of which the plaintiff is and was a member and fellow, Williams made numerous statements about the plaintiff that directly impugned her honesty, integrity and professional competence, stating the plaintiff engaged in misconduct in her fiduciary and professional role with IABC; engaged in financial mismanagement or impropriety; was incompetent; was involved in, or orchestrated, a cover-up of the foregoing events; and engaged in criminal conduct, although it was nothing that could be proven. At the end of his "Case Study" presentation, which was recorded, Williams said: "I know IABC. I had been public relations counsel to them for 10 years. Actually I'd been fired by the previous president (the plaintiff) so this sort of felt good. No, that's not true, not true. You know it's not true. Can't be true. So there was a little of that, the I told you so's, but I'm a communications guy." The plaintiff alleged that Williams and his company, L.C. Williams & Associates, were negligent, made statements that were false and defamatory concerning plaintiff, and engaged in outrageous conduct by which he intended to cause plaintiff severe and enduring emotional distress, loss of reputation and loss of income and employability. The plaintiff sought recovery of general damages, in particular damage to her reputation. In September 2003, the plaintiff and Williams (a resident of Chicago) and L.C. Williams & Associates entered into stipulation, approved by the court, by which Williams agreed to submit to the jurisdiction of this court, and to respond to all outstanding written discovery served. The plaintiff agreed to dismiss with prejudice the pending action filed in the Cook County Circuit Court in the State of Illinois, strike all claims for punitive damages against the defendants, and to limit all of her damages (excluding costs) to the sum of $1,000,000 (the amount of the applicable insurance involved). In September 2004, Hon. Ronald E. Quidachay denied IABC's special motion to strike pursuant to C.C.P. Section 425.16 (SLAPP) and motion for summary judgment/adjudication. On Oct. 26, 2004, Hon. Quidachay denied Williams' special motion to strike. On Nov. 8, 2004, the date of trial, IABC and plaintiff settled. Terms included payment by IABC, a public statement of apology, and a letter to ASAE indicating Williams was not authorized by IABC to make statements about the plaintiff or IABC in the ASAE presentation, and that IABC did not approve of the statements.
Injuries
The plaintiff claimed loss of reputation, emotional distress, humiliation, shame and depression.
Result
The court found Defendant and his company 60 percent negligent and Plaintiff 40 percent negligent.
Other Information
The plaintiff's counsel reports that a "stealth juror" improperly concealed his "Tort Reform" agenda during jury selection, and engaged in improper and abusive behavior during deliberations, including slamming his fists upon the deliberation table, accosting and intimidating other jurors, separating himself from the jurors, and discussing improper matters outside the evidence and instructions, such as the "runaway tort system." The plaintiff's counsel reports that four other jurors were prepared to execute declarations to this effect. Among other grounds, such rank juror misconduct constituted substantial grounds for a new trial. However, in light of the separate settlement with IABC preceding the trial, the plaintiff elected to accept the judgment and cost award against Williams.
Deliberation
two days
Poll
12-0 (for plaintiff on negligence)
Length
14 days
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