Carol Groce v. GTE Directories Company; Michael Killian; Scott Gorby
Published: Mar. 5, 1998 | Result Date: Feb. 7, 1998 |Case number: 750468 Verdict – $1,252,000
Judge
Court
Orange Superior
Attorneys
Plaintiff
John R. Fuchs
(Fuchs Law Group APC)
Defendant
Lee P. O'Connor
(O'Connor & Schmeltzer)
Facts
Plaintiff Carol Groce, a 43-year-old customer account agent for defendant GTE, reported that her manager and supervisor, defendant Michael Killian, falsified documents and embezzeled money from GTE. Before defendant Killian's actual termination, Killian prepared and sent a defamatory e-mail, out of GTE's e-mail system, accusing plaintiff of lying and committing fraud. The defendant GTE claimed that Killian sent the e-mail after his termination. The plaintiff brought this action against defendants based on defamation, invasion of privacy and intentional infliction of emotional distress theories of recoveries.
Settlement Discussions
The plaintiff made a settlement demand for $75,000 at trial. The defendant made a settlement offer of $20,000.
Specials in Evidence
$78,000 $0
Injuries
The plaintiff claimed emotional distress and re-aggravation of an existing back injury due to stress requiring future surgery.
Other Information
The verdict was reached approximately three years and one month after the case was filed. Per defendant GTE, the jury specifically found that Killian was not in the course and scope of employment at the time he sent the e-mail. Further, the jury found GTE negligent but imposed punitige damages against GTE in the amount of $1,055,000. POST TRIAL MOTIONS: A motion for judgment nothwithstanding the verdict and a motion for new trial are set for March 20, 1998.
Deliberation
three days (compensatory), one hour (punitive)
Poll
varied (mostly 11-1 and 10-2)
Length
17 days
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