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Personal Injury (Non-Vehicular)
Malicious Prosecution
Probate

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

Valerie L. Baker

Court

L.A. Superior Central West


Attorneys

Plaintiff

Ralph C. Loeb

Karen Brodkin


Defendant

Scott M. Kolod

Jody Stevens

Larry Picone

Christopher P. Wesierski
(Wesierski & Zurek LLP)

Neil C. Evans
(Law Office of Neil C. Evans)

Michael Paul Thomas


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


#77896

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