This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Defamation of Character

Roger Birdseye v. Hayward Manor Hotel, et al.

Published: Feb. 3, 1996 | Result Date: Dec. 12, 1995 | Filing Date: Jan. 1, 1900 |

Case number: BC094408 –  $400,000

Judge

Madeleine I. Flier

Court

L.A. Superior Central


Attorneys

Plaintiff

Joseph Posner


Defendant

Jeffrey P. Briskin

Courtney C. McNicholas
(McNicholas & McNicholas LLP)


Facts

From December, 1992, through February, 1993, the plaintiff, Roger Birdseye, a 51-year-old hotel general manager, was employed by defendant, Hayward Manor Hotel, and was working for the new owners. The plaintiff had been employed by the previous owner for many years and continued his employment with the hotel after the new owners took over. A dispute developed over whether the plaintiff had a contract with the new owners. Larry Wahl, the executive vice president of Alpha, lobbied with the new owners not to settle the contract dispute with the plaintiff, but to fire the plaintiff instead. Wahl also lobbied with the city and other participants in the project. After the plaintiff was fired, Wahl told a number of Hayward Manor Hotel employees and tenants that the plaintiff was fired for stealing, associating with drug dealers and permitting prostitution at the hotel. The plaintiff alleged that Wahl spread the remarks out of personal animosity and/or professional jealousy and that there was no need to do so since the plaintiff was already gone. The defendant contended that Wahl never made those statements.

Settlement Discussions

The plaintiff did not make a settlement demand. The defendant made a settlement offer of $30,000.

Specials in Evidence

$255,000

Damages

The plaintiff claimed damages for lost earnings ($255,000) and emotional distress.

Other Information

The verdict was reached approximately two years after the case was filed.

Deliberation

6 hours

Poll

10-2

Length

9 days


#78627

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390