Personal Injury Lawyer Blog
The following blog entry is written to illustrate an example of a sexual harassment case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment case and its proceedings.)
Osprey’s initial lawsuit named AO and its officers. Osprey alleged sexual harassment, assault, battery, sexual battery and intentional infliction of emotional distress.
In regards to the claim regarding the failure to pay the settlement, the defendants argued that the settlement was not completed until a bank could finance the payment of it, and therefore the companies were not bound by an incomplete agreement.
Plaintiff’s counsel contended that the settlement document stated that the “defendant, and their insurance carrier, Carolina Casualty, shall pay … $1,400,000 in full settlement …” with the settlement to be paid $1.2 million in cash and the other $200,000 to be paid over four years pursuant to a promissory note, the terms of which were described in the stipulation. The stipulation also stated that the $200,000 note was to be guaranteed by “Monitor Ins.” Monitor disputed that it was a party to this stipulation, claiming that its agent at the mediation was authorized to sign only on behalf of Carolina Casualty.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
The defense countered by noting that the stipulation for settlement was subject to “necessary third party consents” and asserted that this provision kept the settlement from taking effect until AO’s existing lenders agreed to provide financing for part of the $1.2 million cash payment, which those lenders had refused to do by the time of trial. They further contended that it had agreed to pay only $800,000 under the stipulation for settlement.
Osprey claimed the defendants breached the contract by refusing to pay after AO asked its existing creditors for financing instead of asking for approval of the settlement, as stated in the signed stipulation.
SUMMARY:
RESULT: Verdict-Plaintiff
Award Total: $1,400,000
The jury awarded a total of $1.4 million for breach of contract and found that AO was liable for the full amount. The jury found XYZ liable for $200,000.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.