FOR THE DEFENSE

CASE: DARREN UDD, AMY UDD V. CITY OF PHOENIX (POLICE DEPARTMENT)

Cavanagh Law Frim attorneys Debora Verdier and Chrisanne Gultz, received a full defense verdict following an eightday jury trial in front of the Honorable Dominic Lanza in September 2021. The claims in the case included Gender Discrimination and Associational Discrimination under Title VII and various claims for defamation. On the Gender Discrimination claim, the jury found in favor of the defendant concluding that Plaintiff could not meet his burden of establishing that gender was at least a motivating factor in the defendant’s actions. The Court dismissed Plaintiff’s wife’s claim for associational discrimination prior to the case being submitted to the jury. As for the defamation claims, the jury found that some of the allegedly defamatory statements were subject to an absolute privilege and, thus, the defendant could not be liable for those statements. The jury found that other of the allegedly defamatory statements were subject to a conditional privilege and Plaintiffs could not establish that the defendant acted with malice or consciously disregarded the truth of those statements when making them. Plaintiffs asked for $880,315 in constructive discharge damages and $6 million in defamation damages; the jury found in favor of defendant and awarded them nothing.

Mike Halvorson and Erica Spurlock of Jones, Skelton, & Hochuli obtained a unanimous defense verdict in wrongful death/negligent infliction of emotional distress case. Plaintiffs turned left in front of Defendant, who claimed he was traveling through the intersection on a green light. Plaintiffs argued Defendant was speeding and entered the intersection from the designated right turn lane as evidenced by the area of impact. Plaintiffs asked the jury for $3.2 million, Defendants asked for a defense verdict.