Anthony Lawrence Greco v. Thomas L. Fox, III and Jonathan W. Biddle
Published: Mar. 8, 1997 | Result Date: Jan. 23, 1997 | Filing Date: Jan. 1, 1900 |Case number: BC100951 – $2,034,000
Judge
Court
L.A. Superior Civil West
Attorneys
Plaintiff
Joseph D. Davis
(Law Offices of Joseph D. Davis)
Defendant
James J. Kjar
(Kjar, McKenna & Stockalper LLP)
Facts
In January 1988, defendants Thomas L. Fox, III and Jonathan Biddle agreed to represent plaintiff Anthony Lawrence Greco, a 35-year-old car salesman, in a wrongful termination case against Walker-Buerge Ford car dealership in West Los Angeles. Greco had previously been represented by a law firm that had handled the case at its inception. (Greco sued this firm in a seperate case but the case was dismissed because the statute of limitations had run.) Defendants Fox and Biddle were independent co-counsel on the case. The plaintiff claimed that he was the dealership's top salesman for 12 years and was the top two or three salesmen in the state averaging over $100,000 a year in commissions. The plaintiff claimed he was terminated in 1985 for his refusal to go along with an alleged insurance scam perpetrated by the dealership. (The plaintiff claimed the dealership defrauded its non-English speaking customers by insisting that they buy highly expensive and useless credit, life, accident and health disability policies as a condition of getting bank financing for the purchase of automobiles, nearly doubling the monthly purchase price of the automobile.) After the plaintiff received an arbitration award of $900,000, counsel for the plaintiff attempted to place the case back onto the civil active list. The court refused to issue a trial date within the extended five-year period and rejected motions for an earlier trial setting. The court dismissed the case and the dismissal was affirmed on appeal. The plaintiff contended that the defendant attorneys were negligent, and that the wrongful termination was meritorius. Jonathan Biddle settled with the plaintiff prior to trial for $50,000 based upon limited involvement in the case. Defendant Fox was the only remaining defendant at trial. The case was tried against defendant Fox based on negligence and legal malpractice theories of recovery. Fox admitted liability but contended that the wrongful termination case was without merit.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand to Fox for $250,000. Defendant Fox made a C.C.P. º998 offer of compromise for $200,000.
Specials in Evidence
$864,600
Damages
The plaintiff claimed $3 million in damages.
Other Information
The verdict was reached approximately two years and 10 months after the case was filed. POST TRIAL MOTIONS: Defendant Fox has filed a motion for new trial which will be heard on March 11, 1997. The basis for the motion is that during trial, the jury heard the plaintiff's reference to the existence of insurance. In support of his motion, defendant Fox has filed declarations from three jurors, indicating juror misconduct during deliberations.The plaintiff's motion for $1 million in prejudgment interest is pending, Defendant Fox has vigorously opposed the motion which will be heard on March 11, 1997.
Deliberation
3+ days
Poll
10-2
Length
5 weeks
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