By Tony Ogden
The Daily Record Newswire
BOSTON, MA -- 1. Quirky trial leads to record $370M defamation verdict
Choi v. Marciano
Defamation
July 28, 2009, California
After a bizarre trial, a Los Angeles jury awarded a record defamation verdict of $370 million, including $25 million in punitive damages, to five former employees of Guess Jeans mogul Georges Marciano.
Status: The plaintiffs stipulated to reductions of the verdicts. The defendant has appealed the judgments entered against him and filed his opening brief.
Plaintiffs' attorneys: R. Rex Parris of The R. Rex Parris Law Firm in Lancaster, Calif.; David Wheeler of Wheeler & Sheehan in Westlake Village, Calif.; James Nevin of Brayton & Purcell in Novato, Calif.; Reeve Segal of Cozen O'Connor in Los Angeles; Alain Bonavida in Beverly Hills, Calif.; Cheryl Deptowicz-Diaz in Los Angeles.
Defense attorneys: Not permitted to make appearance, with the exception of making objections based on privilege only.
2. Florida jury awards mother $330 million in DUI fatality
Stone v. Marcone
Wrongful death
Sept. 30, 2009, Florida
Jurors in Florida needed less than an hour to award $330 million to the mother of a 13-year-old killed in a drunken driving accident in April 2007.
Status: The defendant is serving a prison sentence, making the verdict uncollectible. An additional case over the same death is ongoing against Kia Motors.
Plaintiff's attorneys: C. Steven Yerrid and David Dickey of The Yerrid Law Firm in Tampa, Fla.
Defense attorney: Bryan Reynolds of Reynolds & Stowell in St. Petersburg, Fla.
3. $300 million record-setting tobacco verdict
Naugle v. Philip Morris USA
Negligence, failure to warn
Nov. 19, 2009, Florida
In the tenth Engle case, jurors needed just three hours of deliberations to charge Philip Morris with a $300 million award in favor of a Florida man suffering from severe emphysema.
Status: The case is on appeal, and the briefs have not yet been filed.
Plaintiff's attorneys: Robert W. Kelley, Todd R. Falzone and Todd R. McPharlin of Kelley Uustal in Fort Lauderdale, Fla.
Defense attorneys: Tom Quigley of Winston & Strawn in New York; Jennifer Brown of Shook Hardy & Bacon in Miami.
4. Missouri jury awards $89M in drunk driving case
Riegel v. Zerna
Negligence
Nov. 23, 2009, Missouri
In one of the largest DUI damages verdicts in history, the family of a Missouri man killed by a drunk driver was awarded $89 million.
Status: Post-trial motions were denied and the judgment is final, though full recovery is pending.
Plaintiffs' attorneys: Steven Bronson and Mark Bronson of Newman, Bronson & Wallis in St. Louis.
Defense attorney: Kevin M. Smith of the Law Offices of Kevin M. Smith in Wichita, Kan.
5. Illinois woman wins $78.75 million Prempro verdict
Barton v. Wyeth Pharmaceuticals
Product liability
Sept. 25, 2009 (compensatory damages), Oct. 26, 2009 (punitive damages); Pennsylvania
A New Jersey jury awarded $78.75 million in damages to an Illinois woman who claimed the hormone therapy replacement drug Prempro caused her breast cancer.
Status: The verdict is on appeal. The plaintiff appealed the remittitur of the punitive damages award, and Wyeth cross-appealed on every issue.
Plaintiff's attorneys: Zoe Littlepage and Rainey C. Booth of Littlepage & Booth in Houston.
Defense attorneys: George McDavid of Reed Smith in Princeton, N.J.; Lauren Handler of Porzio, Bromberg & Newman in Morristown, N.J.
6. $77.4M for parents of infant injured during childbirth
Baizan v. St. John's Riverside Hospital
Medical malpractice
May 8, 2009, New York
In one of the largest medical malpractice verdicts in the history of New York's Westchester County, a jury awarded $77.4 million to the parents of Diego Baizan.
Status: The case was settled for an undisclosed amount and a compromise order was filed with the court.
Plaintiffs' attorney: Randy Nassau of Fitzgerald & Fitzgerald, P.C. in Yonkers, N.Y.
Defense attorney: Frank Carrollo of Rende, Ryan & Downs, LLP in White Plains, N.Y.
7. Ousted water company partner wins $71 million
Davenport v. Allen
Conversion and breach of fiduciary duty
Jan. 22, 2009 (compensatory damages), Jan. 23, 2009 (punitive damages); Texas
Alleging conversion and breach of fiduciary duty, one partner in a three-man water drilling company won $71 million against his partners after they tried to shut him out of the business.
Status: The plaintiff has settled with both defendants. He has received his interest in the company and now essentially owns the company himself, subject to several minor conditions.
Plaintiff's attorneys: Tom Hall of Hall & Bates in San Antonio, Texas; F. Blake Dietzmann, sole practitioner in San Antonio; Timothy Patton, sole practitioner in San Antonio.
Defense attorney: Glenn Deadman, sole practitioner in San Antonio, Texas.
8. $70M for injured worker in workers' comp case
Tate v. Discover Property & Casualty Co.
Unfair and deceptive trade practices
Dec. 1, 2009, Texas
A Texas jury unanimously handed down a $70 million verdict against an insurance company and its claims adjuster, finding that they recklessly failed to timely pay workers' compensation benefits to a man who was severely injured in a fall on the job.
Status: The case settled while on appeal to the 4th District Court of Appeal.
Plaintiff's attorney : Tom Rhodes and Mark D. Wolfe of the Tom Rhodes Law Firm in San Antonio, Texas; Ethan L. Shaw of Moore Landrey in Austin, Texas; Joe K. Longley, Attorney at Law, Austin, Texas.
Defense attorneys: Denton, Navarro, Rocha & Bernal, P.C, in San Antonio, Texas.
9. $65 million for Florida car accident
Lymon v. Bohn
Negligence
March 18, 2009, Florida
A Florida jury awarded $65 million to a 21-year-old woman whose car was broadsided by a truck in 2007, leaving her with brain damage so severe she can no longer speak or care for herself.
Status: The Florida Court of Appeal has affirmed the judgment.
Plaintiff's attorneys: Jim Freeman, Kathleen C. Knight and Bennie Lazzara, Jr., of Wilkes & McHugh in Tampa, Fla.
Defense attorney: Allen K. von Spiegelfeld of Banker Lopez Gassler in Tampa, Fla.
10. $60 million for medical malpractice
Hugh v. Ofodile
Medical malpractice
July 15, 2009, New York
A New York City jury awarded $60 million to a woman left deformed by a botched thigh lift.
Status: The case is on appeal. It is slated to be heard by the New York Appellate Division during its April term.
Plaintiff's attorney: Andy Alonso of Parker Waichman Alonso LLP in Great Neck, N.Y.
Defense attorney: Steve Rubin of Garson Decorato & Cohen in New York City.
Published: Thu, Jan 20, 2011
