January 15, 2007
Largest Verdicts & Settlements 2006
Additional million-dollar jury verdicts
11. $1.83 MILLION
(plus interest and attorneys' fees)
Calcagno, et al. v. High Country Investors, Inc., d/b/a Hilltop Steak House and Marketplace
Essex Superior Court, No. 03-0707
Date of verdict: July 25, 2006
Plaintiffs' counsel: Shannon Liss-Riordan and Hillary Schwab, Pyle, Rome, Lichten, Ehrenberg & Liss-Riordan, Boston
Four wait staffers were terminated from their restaurant jobs in retaliation for their complaints about servers not receiving the total service charges and gratuities to which they were entitled. The defendant claimed the plaintiffs were fired due to performance issues, but no performance issues were documented or proven at trial. A jury found that the defendant restaurant violated the Massachusetts Tip Law by not remitting the total proceeds of service charges added to function bills to function servers and that managers were not entitled to receive any portion of the service charge.
12. $1.77 MILLION
Ophnet, Inc., et al. v. Lamensdorf, M.D., P.C., et al.
Essex Superior Court, No. ESCV2002-00419
Date of verdict: Sept. 29, 2006
Plaintiffs' counsel: Christopher R. O'Hara and Edward F. Foye, Todd & Weld, Boston
The plaintiff ophthalmology practice consultants agreed to manage a Florida doctor's practice in return for a steeply discounted hourly consulting fee and a percentage of the practice's profits. The parties also agreed to construct and operate an ambulatory surgery center. During a seven-year period, the practice revenues doubled and the physician's income tripled. The business relationship ended in 2002, leading to claims and counterclaims by the parties for breach of contract, fraud and breach of fiduciary duty. The jury found that various defendants breached contractual and common law obligations; that they attempted to reduce the plaintiffs' portion of incentive payments by understating profits; and that they failed to make required capital contributions to the ambulatory surgery center.
13. $1.5 MILLION
Broderick v. Evans, et al.
U.S. District Court, No. 02-CV-11540-RGS
Date of verdict: April 27, 2006
Plaintiff's counsel: Rosemary C. Scapicchio, Boston, and Michael W. Reilly, Tommasino & Tommasino, Boston
A jury found that a former Boston police commissioner fired a captain in retaliation for speaking out about overtime abuse by fellow officers, and ordered the city to pay him $1.5 million for lost wages. Jurors found that the commissioner violated the captain's First Amendment rights and that the city violated the state law that protects whistleblowers from retaliation. The defense claimed the captain was fired because he repeatedly refused to undergo a psychiatric evaluation after discharging his weapon. He was placed on leave for drawing his weapon on employees of the Suffolk County District Attorney's Office after chasing down their van, and then firing it.
14. $1.35 MILLION
Tobin v. Liberty Mutual Insurance Company
U.S. District Court, No. 01-11979
Date of verdict: May 8, 2006
Plaintiff's counsel: Frank J. Frisoli, Frisoli & Frisoli, Cambridge
The plaintiff, a sales representative at the defendant insurance company, was terminated for failing to generate sufficient new business sales. The plaintiff was diagnosed as bipolar and claimed the defendant was aware of the medical condition, although the defendant claimed that the plaintiff was not disabled. The plaintiff requested various accommodations from the defendant on account of his disability. The defendant refused to assign mass-marketing accounts to the plaintiff. The jury found that the accommodations requested were reasonable and would have allowed the plaintiff to perform in his position.
15. $1 MILLION
($1.32 million with interest and attorneys' fees)
Khakian v. Fleet National Bank
Norfolk Superior Court, No. 03-01403
Date of verdict: April 14, 2006
Plaintiff's counsel: David G. Hanrahan and Richard D. Vetstein, Gilman, McLaughlin & Hanrahan, Boston
The plaintiff — who was born in Iran and came to the United States in 1977 — alleged national-origin discrimination. The plaintiff was a banker who had worked his way up to vice president and branch manager. There was testimony that at a meeting with branch managers, the district manager described playing a war game with his son, during which he said, "We are the Americans, and we kill all the foreigners." The plaintiff testified that, as a "foreigner," he was concerned with the comments. The district manager allegedly began a campaign of insulting the plaintiff in front of his peers. Without warning, the district manager demanded the plaintiff's resignation, informing him that the bank culture had changed. The plaintiff refused to resign and the district manager presented him with a performance improvement plan. The plaintiff was ultimately fired.