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Slander
Infliction of Emotional Distress

David C. Morley v. A.S. Glikbarg, Ed N. Harrison, and Does 1 to 100, Inclusive

Published: Mar. 23, 1996 | Result Date: Jan. 11, 1996 | Filing Date: Jan. 1, 1900 |

Case number: BC105190 –  $97,000

Judge

Emilie H. Elias

Court

L.A. Superior Central


Attorneys

Plaintiff

James T. Minuto


Defendant

Hal L. Coskey

William P. Gemmill


Facts

From October 29, 1992, to October 22, 1993, the plaintiff, David Morley, a contractor, was involved in a lawsuit wherein Westwood Center, (of which the defendants A.S. Glikbarg and Ed N. Harrison, were general partners) sued the plaintiff, David C. Morley, for libel, slander and economic torts based on alleged statements he made about Westwood Center, which was then in Chapter 11 bankruptcy. The suit was dismissed voluntarily one year later. The plaintiff brought this action against the defendants based on a malicious prosecution theory of recovery.

Settlement Discussions

The plaintiff made a $80,000 settlement demand and the defendants made a $20,000 settlement offer.

Specials in Evidence

$200

Damages

The plaintiff claimed $5,903.69 (legal fees) and an unspecified amount for emotional distress and punitive damages.

Injuries

The plaintiff alleged that he sustained emotional distress and expenses to defend the underlying lawsuit.

Result

A mediation was held on June 5, 1995 before Thomas S. Kerrigan of Los Angeles which did not resolve the matter. POST TRIAL MOTIONS: Defendant, Glikbarg, has moved the judgment not withstanding the verdict and for a new trial.

Other Information

The verdict was reached approximately one year and eight months after the case was filed.

Deliberation

8 hours (general), 2 hours (punitive damages)

Poll

11-1 (against defendant Glikbarg), 11-1 (for defendant Harrison)

Length

7 days


#119503

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