Heggeness & Sweet v. Pantoja et al.
Published: Aug. 9, 1997 | Result Date: Jun. 16, 1997 | Filing Date: Jan. 1, 1900 |Case number: 701397 Verdict – $1,223,770
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Patrick F. Kennedy
(technical)
Daniel M. White
(technical)
Facts
Defendant Juan Carlos Pantoja was injured when he fell off a hydraulic lift at the place of his employment, Mimmo's Italian Village. He submitted a claim for workers' compensation benefits which his employer tendered to its carrier, Republic Indemnity Company. Republic eventually denied the claim based on a standard "resident relative exclusion" in the policy, because its investigation had determined that Pantoja was related to and lived with the named insured at the time of the accident, and the policy provided no coverage under those circumstances. Pantoja then filed a contested claim with the Workers' Compensation Appeals Board. Republic retained plaintiff Clifford D. Sweet and his firm, plaintiff Heggeness & Sweet, to defend them in that case. Prior to the hearing and while discovery was continuing Pantoja (now with a new lawyer -- Anton R. Krajewski, Esq.), filed a lawsuit against Sweet, his law firm, Republic and other defendants. The lawsuit was later amended to include defendant Guadalupe Ester Pantoja as a co-plaintiff and the causes of action asserted against Sweet and his firm were intentional infliction of emotional distress and abuse of process. As a result of that litigation, Republic replaced Sweet and his firm as their counsel in the Pantoja workers' compensation case and thereafter effectively terminated their outside counsel relationship with Sweet and his firm. At the time, Republic was the second largest client of the firm and Sweet's primary source of workers' compensation fraud work. Sweet and his firm successfully defended the underlying case and obtained summary judgment based on the absolute litigation privilege. The trial court determined that there was no triable issue of fact that the wrongdoing attributed to Sweet and his firm, even assuming it had occurred, was within the context of a litigated case and therefore absolutely privileged under Civil Code º47(b). Due to the financial consequences of Republic having severed its attorney-client relatioship with the firm, and the stigma associated with the firm by its other clients as a result of the Pantoja lawsuit, Sweet and his firm sued the Pantojas, their laywer, (Mr. Krajewski) and his process server (William Bruce) for malicious prosecution and abuse of process. The malicious presecution claim was based on lack of probable cause for the underlying action, coupled with the improper purpose of it being filed to conflict Sweet and his firm from being able to defend Republic in the workers' compensation case. The abuse of process claim arose when Krajewski, using affidavits signed by him and Bruce, and without notice to Sweet or his counsel, obtained an order authorizing the marshall to break into Sweet's home or office to serve him as an evasive witness with a trial subpoena.
Settlement Discussions
Per the defendant, the plaintiffs made a C.C.P. º998 settlement demand for $99,999.
Damages
The plaintiffs claimed over $1 million in damages.
Other Information
The verdict was reached approximately one year after the case was filed. This is the largest verdict in San Diego County history for malicious prosecution.
Deliberation
1½ days
Poll
12-0 (defendant Krajewski liable), 10-2 (defendant Juan Carlos Pantoja liable), 9-3 (defendant Guadalupe Pantoja liable), 12-0 (defendant Krajewski liable), 12-0 (defendant Bruce liable)
Length
9 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390