Naras Kersis and Mark Sanders v. American Broadcasting Companies, Inc., et al.
Published: Jul. 23, 1994 | Result Date: Jul. 7, 1994 | Filing Date: Jan. 1, 1900 |Case number: BC077553 – $1,087,480
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Neville L. Johnson
(Johnson & Johnson LLP)
Defendant
Facts
Defendants American Broadcasting Companies, Inc., and ABC independent contractors Steve Bell and Stacy Lescht secretly videotaped Plaintiffs with hidden cameras known as "hatcams" and broadcast their likenesses on a February 18, 1993 episode of PrimeTime Live. The PrimeTime Live episode focused on the Psychic Marketing Group, which gives psychic advice over the telephone. ABC used at least two "operatives" to secretly videotape dozens of the conversations at Psychic Marketing Group. One operative, Stacey Lescht, a recent college graduate, at ABC's behest worked at the Psychic Marketing Group, where she surreptitiously taped dozens of co-workers and did not reveal she was working for Defendant ABC News. Steve Bell, a cameraman employed by ABC who secretly videotaped Plaintiff Kersis, is a professional cameraperson working for a variety of news organizations. The Plaintiffs were Mark Sanders, a 45-year-old clairvoyant, and Naras Kersis, a 40-year-old tarot card reader, at the time of the tapings. Plaintiff Naras Kersis died on July 5, 1994, during jury deliberations. The PrimeTime Live broadcast was aired before an estimated 24,000,000 viewers. The report included nine seconds of Plaintiff Kersis and six seconds of Plaintiff Sanders.
Settlement Discussions
Plaintiffs contend their demand was for $750,000 and Defendants offered $100,000 after the first verdict (for Defendants). Defendants contend their final offer was $75,000 for both Plaintiffs and Plaintiffs' final demand was $1,500,000 ($750,000 for each Plaintiff).
Specials in Evidence
$225.000 Naras Kersis (includes LOE); $335,000 Mark Sanders and Steve Bell (includes LOE)
Injuries
Mark Sanders: severe emotional distress requiring psychotherapy. Naras Kersis: severe emotional distress causing a relapse into severe alcoholism requiring psychotherapy.
Result
Phase 1 - Verdict for Defendants; no violation of Penal Code Section 632 because Plaintiffs' videotaped conversations could be overheard (11-1 against Kersis; 12-0 against Sanders). Phase 2 - Verdict for Plaintiffs on "sub-tort" (as defined by Judge Geernaert) of invasion of privacy by surreptitious photography (10-2 for Kersis; 11-1 for Sanders). Phase 3 - Compensatory damages for Plaintiff Kersis of $225,000 (9-3 jury vote); for Plaintiff Sanders, $335,000 (11-1 jury vote). Phase 4 - Punitive damages for Plaintiff Kersis of $226,800 (9-3 jury vote); for Plaintiff Sanders, $300,618 (11-1 jury vote).
Other Information
The punitive damages awarded to Kersis as against ABC were $225,000; as against cameraman Bell were $1,800. The punitive damages awarded to Sanders as against ABC were $300,000; as against camerawoman Stacey Lescht were $678.
Deliberation
not disclosed (4 separate deliberations)
Poll
varied
Length
33 days
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