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Torts
Malicious Prosecution

Marlene J. Bonjour v. Thomas A. Hendrickx, Karen L. Hendrickx

Published: Jan. 1, 2010 | Result Date: Oct. 13, 2009 | Filing Date: Jan. 1, 1900 |

Case number: 30-2008-00105057-CU-PO-CJC Verdict –  Defense

Court

Orange Superior


Attorneys

Plaintiff

Kirt J. Hopson
(Law Office of Kirt J. Hopson)


Defendant

Robert K. Weinberg


Facts

Plaintiff Marlene Bonjour was a patient of defendant Thomas Hendrickx, a physical therapist. After their professional relationship ended, the two had a romantic relationship. The relationship ended. In November 2006, Thomas Hendrickx filed a restraining order against Bonjour, but he did not reveal the romantic relationship to his wife.

In 2007, the district attorney and the police began to investigate the matter, but they dropped all 12 criminal charges of violating the restraining order after discovering their romantic relationship.

Bonjour sued Thomas Hendrickx and his wife, Karen Hendrickx, for malicious prosecution. The district attorney testified that Bonjour had in fact violated the restraining order and that the criminal charges had only been dropped because Thomas Hendrickx did not disclose all the facts concerning the case. Bonjour testified she was in part suing Thomas Hendrickx for ending his relationship with her.

Contentions

PLAINTIFF'S CONTENTIONS:
Bonjour alleged the criminal charges were false and vengeful. On the contrary, Thomas Hendrickx harassed her. Bonjour did not make phone calls and a videotape of her driving around the Hendrickxs' cul de sac was actually one of her friend driving her car. Thomas Hendrickx owed her $20,000 and had called her to come pick up $1,500 in cash. Thomas Hendrickx's friend answered the call and took her car to pick it up without her knowledge.

DEFENDANT'S CONTENTIONS:
The Hendrickxs claimed that Bonjour continuously harassed Thomas Hendrickx after the end of their romantic relationship. Regardless of their past relationship, Bonjour had violated the restraining order. Bonojur had even called Thomas Hendrickx's mother-in-law, who testified in trial, several times to scream and harass her. Expensive surveillance videotape footage, which the Hendrickxs had to install because of Bonjour's actions, captured Bonjour on the Hendrickxs' property late at night.

Settlement Discussions

Bonjour demanded $400,000.

Injuries

Bonjour claimed injuries related to her arrest, where police allegedly kicked her stomach and strapped her to a gurney, which caused an unconfirmed miscarriage.

Result

The jury returned a verdict for the Hendrickxs.

Deliberation

four hours

Poll

12-0

Length

five days


#84286

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