On the counterclaim, the jury awarded $5 million to Caccavale
and $6 million to Henry Schein, Inc.
Lydia Scherrer v. Liberty Manor
Residency, Inc. dba Liberty Manor
Residency II, Maricopa County Superior
In 1996, at age 26, Earl Scherrer was in
a car accident and sustained a traumatic
brain injury. After a 16-month coma, he
slowly began to recover. His wife Lydia
Scherrer was very involved in his rehabilitation but had to work as well. Earl Scherrer was placed in
Liberty Manor Residency, which said it provided 24-hour supervision. On May 7, 2006, he began vomiting, his wife brought him
home, and within minutes he died. Autopsy results showed that he
ingested a number of foreign objects which were contributing factors in his death. Scherrer presented evidence that Liberty Manor
made numerous false entries in its charts and could not produce
his caregiver. Liberty Manor argued his death was not related to
ingestion of the objects but rather to ingesting water, or that the
ingestion of objects could have occurred while he was at home.
The jury awarded $5 million to Lydia Scherrer, $2 million to his
estate and $4 million in punitive damages. 12 It was believed to be
the largest verdict ever awarded against an assisted living facility in
the United States, and the second year in a row of a “Top 10”
Arizona verdict concerning assisted living care. $9,063,446
City of Phoenix v. Cornerstone at
Camelback, LLC, Maricopa County
Superior Court, CV-2007-012556
Phoenix recently built its first light rail
transportation line. This was a condemnation verdict relating to a parcel of land
taken for the light rail (now known as
Uptown Station) and other future high-rise development.
In July 2007, the City of Phoenix
took one acre of a three-acre parcel in North Central Phoenix.
Phoenix argued the land was worth $3,344,335. Cornerstone at
Camelback, which wanted it for 800 condo and hotel units to add
to its already existing high-rise on the adjacent acres, valued it at
$9 million to 20 million.
The jury awarded $9,063,446 as the fair market value of the
There have been five condemnation verdicts in the “Top 10”
in Arizona in the past five years, perhaps due in part to the widely
fluctuating property values.
Skydive Arizona v. Cary Quattrocchi,
Ben Butler, et al. 13, United States
District Court for the District of
Skydive Arizona is one of the largest
skydiving centers in the world. The individual and corporate defendants in this
case did business as ”1-800-Skyride” and were alleged to have
configured their Web sites to divert customers away from Skydive
Arizona. Defendants were alleged to have used Internet domain
names confusingly similar to “Skydive Arizona,” which held a
trademark on that name. Defendants’ Web sites and Internet
advertising claimed to exist in virtually every city in the country.
Customers who viewed their Web sites and purchased gift certificates generally paid higher prices and allowed defendants to profit. Defendants claimed that their trade name was generic and
descriptive and that they were privileged to use the terms in their
business. Skydive Arizona made claims for trademark infringement, cybersquatting and false advertising.
The jury awarded $6,600,004 on all the claims together and
assessed damages primarily against the two individual defendants. $5,096,997
Merchant Transaction Sys., Inc., Post
Integrations, Inc. and Lexcel, Inc. v.
Nelcela, Inc., Len Campagna and Alec
Dollarhide, United States District
Court for the District of Arizona,
This copyright infringement case was
over merchant and authorization computer software systems used for processing credit card transactions. In 2007, the first phase of the case
was tried and established Lexcel, Inc.’s ownership of the copyright
to the software. 14 This was the second phase of the case, to determine whether there was any infringement and, if so, the damages.
Merchant Transaction Systems, Inc. licensed the software at issue
from Lexcel. Alec Dollarhide worked as an employee of Merchant
Transaction Systems to modify and maintain the software licensed
from Lexcel. Dollarhide, with Leonard Campagna, later formed
another company called Nelcela, Inc., and Nelcela began selling
and licensing the same software. Post Integrations, Inc. bought
software from Nelcela. Post Integrations asserted that the defendants did not own the software it sold and that the software did
not work as promised. Defendants claimed that parts of the software were not protected by copyright laws, and that Dollarhide
was authorized under a license to use the software because he
wrote and developed it.
The jury awarded Post Integrations $3,145,797 on claims for
breach of contract, fraud, unjust enrichment and breach of warranty. The jury awarded Merchant Transaction Systems
$1,951,200 on claims for breach of contract, breach of duty of