Lisa Kantrowitz v. Stephen Rothman, Neil Chafetz, J. Kevin Mackey, San Pedro Radiology Medical Group Inc., et al.
Published: Dec. 24, 2002 | Result Date: Mar. 28, 2002 | Filing Date: Jan. 1, 1900 |Case number: 794475 Arbitration – $1,283,990
Court
Case Not Filed
Attorneys
Plaintiff
Daniel J. Stanley
(Daniel J Stanley Attorney at Law)
Defendant
Thomas J. Weiss
(Law Offices of Thomas J. Weiss)
Experts
Plaintiff
Richard M. Squar
(technical)
David J. Weiner M.B.A., AM
(technical)
Rocky Tarentello
(technical)
Facts
The plaintiff is a female Stanford, Columbia and Harvard educated and trained radiologist. The plaintiff worked with defendant in a radiology medical practice.
Damages
The plaintiff claimed $391,691, value of lost equity, unpaid compensation and expenses and sought unspecified compensation for extreme emotional distress.
Other Information
The matter was submited to binding arbitration before Richard W. Luesebrink, who recused himself. The matter was then assigned to Hon. Richard J. Beacom, retired, at JAMS/Endispute. After the arbitration commenced and upon motion by the plaintiff, the defendants dismissed their cross-complaint. The plaintiff's award of $1,283,992 was made up as follows: First Award: It was determined that the defendants had conspired to create a pretext to terminate the plaintiff in order to deny her an equal equity interest, and further that their actions caused the plaintiff to suffer monetary damages and extreme emotional distress. Compensatory damages of $391,691 were awarded including nothing for emotional distress. Second Award: The plaintiff was awarded punitive damages as follows: against the defendant Chafetz, $500,000; against the defendant Mackey, $105,000; against the defendant Harborside Radiology Medical Group, $153,120. Prejudgment interest of $111,425 on the $391,691 was also awarded jointly and severally against all the defendants. On April 18, 2002, the plaintiff filed a Petition to Confirm the Arbitration Award in Department C-10 of the Orange County Superior Court. On May 2, 2002, the defendants Chafetz, Mackey and Harborside served a Motion to Vacate the Arbitration Award and/or Correct the Award. On May 23, 2002, after hearing oral arguments and reviewing written agreements, the court granted the plaintiff's Petition to Confirm the Arbitration Award. On May 30, 2002, the court entered judgment against the defendants. On June 13, 2002, the defendants filed and served a Motion to Set Aside and Vacate Judgment. This motion was heard on July 25, 2002. Upon reviewing written evidence and oral arguments, the court denied the defendant's motion. The defendants Chafetz, Mackey and Harborside Radiology Medical Group have filed a notice of appeal, contending that the arbitrator had no authority to issue two awards, nor to decide the Section 877 issue, and that the arbitrator committed misconduct under C.C.P. Section 1286.2 (a)(3).
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390