Gerald F. Edelstein v. Scott Cardiner; Cardiner, Bryson & Steinberg; Jack Firestone; Carole Firestone; Bryan, Patricia Firestone; et al.
Published: May 28, 1994 | Result Date: Mar. 30, 1994 | Filing Date: Jan. 1, 1900 |Case number: C744516 – $0
Judge
Court
L.A. Superior Central West
Attorneys
Plaintiff
Defendant
Christopher P. Wesierski
(Wesierski & Zurek LLP)
Neil C. Evans
(Law Office of Neil C. Evans)
Experts
Plaintiff
Ashor Kimchi
(medical)
Anthony E. Reading Ph.D.
(medical)
Defendant
George O. West III
(technical)
Facts
In November of 1989, Plaintiff Gerald F. Edelstein, a 50-year-old entertainment attorney, was sued by 4 members of the Defendant Firestone family. The premise of the underlying lawsuit was alleged wrongful exclusion from the proceeds of the Firestones' relative's will. The relative was the songwriter Howard Greenfield. The Firestones allegedly believed that they were wrongfully deprived of the proceeds from the Greenfield Estate and sued a number of the individuals involved, including the Plaintiff in the instant case, who effectuated the codicil.
Settlement Discussions
Defendants contend their offers were $25,000 each by Jack and Carole Firestone and $50,000 each by Brian and Patricia Firestone; no offer by Scott Cardiner; and Plaintiff's demand was $8,000,000.
Specials in Evidence
not presented not presented unknown
Damages
Plaintiff claimed $1,000,000 in medical expenses and $25,000,000 in lost of earnings in opening statements,
Injuries
Heart attack requiring a heart transplant and resulting in reduced life expectancy of 5-6 years from the date of the transplant.
Result
The Court found that there was sufficient probable cause for the Plaintiff to proceed as against all Defendants, except Patricia and Brian Firestone (the Court granted directed verdict motions as to those two individuals). Later in the proceeding, the Court granted directed verdict motions as to the law firm of Cardiner, Bryson & Steinberg and as to the 2 individual attorneys that were named, but who did not participate in the underlying case, that is, Bryson & Steinberg. The case proceeded to the jury as against Jack and Carole Firestone and Scott Cardiner; the jury found on behalf of Scott Cardiner (no malice) and found as to Jack Firestone that he relied upon advice of counsel. The ruling as to Carole Firestone was in Plaintiff's favor and settled on April 4, 1994; the settlement is confidential.
Deliberation
5 days
Poll
11-1, 10-2
Length
3 months
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