Jack Palladino v. California Pacific Medical Center
Published: Nov. 1, 1997 | Result Date: Sep. 12, 1997 | Filing Date: Jan. 1, 1900 |Case number: 982083 – $0
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
Facts
On Oct. 5, 1993, plaintiff Jack Palladino, a 53-year-old private investigator was hired by defendant California Pacific Medical Center (CPMC) to investigate one of its employees, Healis Stevenson, regarding statements Stevenson had made to a friend about infecting hospital patients with HIV virus. The plaintiff reported the results of his investigation to CPMC and on Oct. 12, CPMC called a press conference during which CPMC's CEO spoke about the investigation. The plaintiff did not reveal Stevenson's name to the press. On Nov. 22, 1994, Stevenson filed a complaint against plaintiff and CPMC alleging defamation and negligent and intentional infliction of emotional distress. He claimed he was libeled by the press and wronfully terminated by CPMC. On Aug. 15, 1996, the court granted a motion for summary judgment in the Stevenson action, finding both the plaintiff and CPMC were not liable to Stevenson for any of his claims. The plaintiff incurred personal legal expenses to defend the action brought by Stevenson and asked for a judicial determination of his rights and duties and a declaration as to whether CPMC was required to defend and indemnify him in the Stevenson action. The defendant claimed plaintiff was not acting as an agent of CPMC during his investigation of Stevenson, and that no duty to defend or indemnity existed.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $75,000. Per plaintiff, the defendant made a C.C.P. º998 offer of compromise for $50,000.
Damages
The plaintiff claimed $200,000 for cost of legal expenses.
Other Information
The verdict was reached approximately 10 months after the case was filed. A settlement conference was held on Aug. 26, 1997 before Judge Mellon. It did not resolve the matter. Plaintiff had filed post-trial motions which will be heard on Nov. 7, 1997.
Deliberation
five hours
Poll
9-3
Length
four days, three days, per plaintiff
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