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Thursday, January 08, 2004
Excerpt: So the going price of slandering a fellow plastic surgeon,
falsely claiming he's killed a patient and is under investigation by
medical officials: $500,000.
The price of two columns about a doctor who lies, someone who even his
own attorney described as "perhaps not the most personable of people":
priceless.
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JANE ANN MORRISON: Plastic surgeon's lawyers fail to tuck slander
judgment out of public view
http://www.reviewjournal.com/lvrj_home/2004/Jan-08-Thu-2004/news/22948422.html
Dr. Joseph Bongiovi can thank his Las Vegas attorneys, Theodore Parker
III and Imanuel Arin, for this second column about his slander
judgment.
Bongiovi is the plastic surgeon who told a topless dancer two major
whoppers in 2000 to get her business. He said Dr. Walter Sullivan
killed a patient and was under investigation by the medical board.
Sullivan sued. Last month the jury found that Bongiovi had slandered
his fellow doctor and should pay $250,000 in compensatory damages.
I decided against covering the next phase of the case, in which jurors
would decide how much Bongiovi should pay in punitive damages.
But when Parker and Arin tried to keep me out of the courtroom, it
became, of course, a matter of First Amendment principle.
Parker and Arin tried to close the trial because my Dec. 27 column had
created a "public interest." The hearing should be closed because
Bongiovi's financial records, including tax returns, would be
discussed, his attorneys said.
The Review-Journal prepared to do battle once again to keep courtroom
hearings open to the public.
The newspaper's attorney, Mark Hinueber, made the argument. Editor
Thomas Mitchell attended as the muscle. District Judge Ron Parraguirre
ruled swiftly.
"As far as closing this proceeding, I'm not going to do that," he
said.
That meant I had to cover it.
The first column did create some human drama in the courtroom Tuesday.
Two of Bongiovi's estranged daughters showed up to glare at their
father, support Sullivan and hope for the harshest penalty possible.
Dr. Julio Garcia, a respected plastic surgeon, also observed and
supported Sullivan. Testimony showed that Bongiovi once called him "a
little Mexican troll."
Most of the testimony in this phase involved whether Bongiovi had lied
about the value of his home and the value of a five-acre parcel of
undeveloped land.
Bongiovi said his home was worth $520,000; Sullivan's attorney, Don
Campbell, presented bank documents showing it valued at $750,000.
Bongiovi valued his land at $385,000; Campbell presented a potential
buyer and an appraiser who valued it at $1.5 million.
Jurors took an hour to set punitive damages at $250,000.
One female juror said she was in the minority in wanting the doctor to
pay $500,000 and be forced to give up the land. She was horrified by
Bongiovi's actions.
A male juror said he didn't believe in large awards. "We agreed
(Bongiovi) had lied on the stand," he said. But the majority didn't
want to take away his livelihood.
They also thought negative press was part of his punishment, the juror
said. "It will be detrimental to his practice."
Afterward, nearly everyone said they were pleased with the decision,
except Bongiovi, who had no comment.
"It could have been a lot worse," said Parker, who appeared relieved.
Sullivan said he was happy because he had his good name back. The
lawsuit, which cost him nearly $250,000 to pursue, should be a warning
to any other doctors who slander their peers, Sullivan said.
Campbell said it was what he had predicted. He disclosed that Sullivan
"would have dropped the case if Bongiovi had given him a public
apology and admitted he lied. He didn't care about the money; he cared
about his name."
What the jurors didn't know: Bongiovi himself won't pay the $500,000.
His business liability insurance covers slander and will pay the
damages and his attorney fees.
No decision has been made whether Bongiovi will appeal, Parker said
Wednesday.
The jury, without knowing, came midway between the original settlement
figures offered.
Bongiovi's attorneys offered to settle the case by paying Sullivan
$20,000.
Campbell asked for the $1 million maximum provided in Bongiovi's
business liability insurance policy.
So the going price of slandering a fellow plastic surgeon, falsely
claiming he's killed a patient and is under investigation by medical
officials: $500,000.
The price of two columns about a doctor who lies, someone who even his
own attorney described as "perhaps not the most personable of people":
priceless.
Jane Ann Morrison's column appears Monday, Thursday and Saturday.
E-mail her at jane@reviewjournal.com or call 383-0275.
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