Facts

Plaintiff Dalas Gundersen had developed a sizable book of business while working at the Willows branch of Edward Jones, comprising approximately $130 million in assets under his management. He was terminated in 2014 following a FINRA investigation into alleged improprieties. A few months thereafter, Gundersen began receiving lewd text messages and homosexual pornographic images on his personal cell phone from unknown senders. An investigation revealed that defendant Paul Betenbaugh had posted fake Craigslist ads soliciting gay sexual encounters while posing as Gundersen.

Meanwhile, defendant Lisa Rodriguez who remained employed by defendant Edward Jones allegedly made defamatory statements (unrelated to the Craigslist ads) about Gundersen to a handful of clients whose accounts had been managed by Gundersen before he was terminated.

Gundersen brought this action against defendants based on internet impersonation, intentional and negligent infliction of emotional distress, and defamation per se.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that Craigslist ads had been weaponized to impugn Gundersen's reputation and pressure him to forfeit his long-time mobile telephone number which clients used to contact him. Plaintiff contended that Lisa Rodriguez made defamatory statements about Gunderson to his former clients by telling them that he was untrustworthy and that they should be worried that he'll lose their retirement funds.

CONTENTIONS OF DEFENDANTS EDWARD JONES AND LISA RODRIGUEZ: Edward Jones and Ms. Rodriguez contended that Ms. Rodriguez did not make any defamatory statements, and that any statements made were truthful and privileged.

CONTENTIONS OF DEFENDANT PAUL BETENBAUGH: Mr. Betenbaugh admitted posting the Craigslist ads, which he contended was a prank.

Insurer

Liberty Mutual for Paul Bettenbaugh

Settlement Discussions

No pretrial offer from Edward Jones and Lisa Rodriguez. $150,000 pretrial offer by Paul Bettenbaugh.

Injuries

Plaintiff claimed emotional distress damages.

Result

$30 million against Edward Jones and Lisa Rodriguez in general damages; $8 million against Paul Betenbaugh in general damages; $35,000 stipulated punitive damages against Paul Betenbaugh; $937,500 in punitive damages against Lisa Rodriguez.

Other Information

Defendants Lisa Rodriguez and Edward Jones have filed motions for judgment notwithstanding the verdict and for a new trial. Defendant Betenbaugh also intends to file motions for judgment notwithstanding the verdict and for a new trial.

Deliberation

Two days

Poll

12-0

Length

Two weeks