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.

CONFIDENTIAL

Nov. 16, 1996

Defamation
Intentional Infliction of Emotional Distress

Confidential

Settlement –  $65,000

Judge

John H. Major

Court

L.A. Superior Van Nuys


Attorneys

Plaintiff

Robert A. Cardwell


Defendant

Robert Murphy


Facts

On Nov. 23, 1993, the defendant lumber company circulated an "affidavit endorsement forged" implying that the plaintiff, a 58-year-old contractor, had misappropriated over $18,000 in construction funds. The plaintiff then became liable for $18,000. The plaintiff brought this action against the defendant based on defamation (libel) and intentional infliction of emotional distress theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $200,000. The defendant made a C.C.P. º998 offer of compromise for $2,500.

Injuries

The plaintiff claimed $125,000 in damages.

Other Information

The settlement was reached approximately two years and four months after the case was filed. A settlement conference was held on March 18, 1996 before Judge Leon Kaplan. It did not resolve the matter. After an eight day trial, the jury (11-1) found that the defendant libeled the plaintiff. The jury also found malice, oppresion and fraud. Punitive damages settled for $22,000.

Deliberation

1 day

Poll

11-1

Length

8 days


#85084

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

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