Mark A. Daley v. John W. Ewing
Published: Apr. 23, 1994 | Result Date: Mar. 7, 1994 | Filing Date: Jan. 1, 1900 |Case number: 513007 – $145,000
Judge
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
Experts
Defendant
Victor Husien
(medical)
Facts
This Plaintiff Mark A. Daley, a CHP officer, had been sued for false arrest, et cetera. Plaintiff won the underlying case and herein sued Defendant John W. Ewing, the attorney who handled the underlying lawsuit. According to the trial evidence regarding the underlying case, Ewing filed suit in 1986 on behalf of Richard Mark Rose, who crashed his car in an accident on Sunrise Boulevard. The suit accused Daley of false arrest, wrongful imprisonment, assault and battery, slander, and deprivation of Rose's rights by a police officer. Although Daley maintained that Rose failed a sobriety test at the crash scene, there were witnesses who did not believe that Rose had been drinking. Later, at a DMV hearing, the drunken driving citation was declared unfounded and Rose's driver's license was returned to him. Rose maintained that he had not been drinking and that he was with his girlfriend at her house up until the accident. He blamed the accident on a mechanical problem and then retained Ewing to sue Daley. In the course of investigating the case, State Deputy Attorney General Robert Cross asked Ewing to share information with him, and Ewing agreed. In Ewing's case file was a handwritten letter that Rose wrote to his lawyer in which he admitted having gone to a "kegger party" and drinking about four beers, contradicting what he told investigators. The Sacramento County District Attorney's Office obtained the letter and refiled the case against Rose, charging him with obstruction of justice. He was later convicted and sentenced to the county jail with the help of testimony from his girlfriend, who said under immunity from prosecution that she lied to police to cover for Rose. Rose's suit against Daley was resolved favorably to Daley at arbitration, in turn, filed suit against Rose and Ewing for malicious prosecution.
Settlement Discussions
Plaintiff contends he made a 998 demand on June 21, 1991, in the amount of $45,000 and Defendant offered $3,500.
Damages
Unspecified.
Injuries
Emotional distress.
Deliberation
4 hours
Poll
varied
Length
9 days
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