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Shah, who was president of Orange County Physicians Investment Network, IHHI's primary investor in Western Medical Center (and who had complained about Mogel).
Mathew's review of testimony provided by Anderson, IHHI counsel David A.
Lots of facts." (14, p 161) In fact, Anderson testified that he did not report his suspicions to the IHHI board that "Mr.
Upon deciding that IHHI acted with "malice, oppression, or fraud against Dr.
The jury found that "an agent or employee of IHHI engaged in outrageous conduct intended to cause Fitzgibbons emotional distress," and that "the agent or employee's outrageous conduct occurred within the foreseeable course and scope of the agent or employee's agency or employment with IHHI," and that "the outrageous conduct proximately caused Dr.
In the punitive phase of the trial, IHHI attorney David A.
The jury rejected IHHI counsel's "let bygones be bygones" argument and awarded Fitzgibbons $5.2 million for severe emotional distress and $500,000 in punitive damages.
Lewis ruled that, while Fitzgibbons did present plenty of evidence that IHHI's former chief executive officer, Bruce Mogel, had laundered company cash to hire a "thug" who likely planted a gun in the doctor's car to have him arrested in a bizarre road rage incident that both sides in the recent trial acknowledge never happened, the doctor failed to convincingly show that IHHI had "ratified" this conduct, which arose not from Mogel's job function, but rather a "personal grudge."
Lewis and the retired Judge he appointed to the IHHI board in 2007 during pending litigation against IHHI, Judge Robert Jameson, "had served on the bench of the Orange County Superior Court together until his [Judge Jameson's] retirement in 2005." (19) Judge Jameson "had served as the Presiding Judge of the Court for a two year term." (19)
Robert Jameson was present at the deposition of former IHHI president Larry Anderson in 2008, where details of what was done to Fitzgibbons were fully revealed.
Anderson was asked: "Incidentally, we know that you didn't tell anyone at IHHI about any of this black-glove-and-gun-planting information before the board approved your severance.
So, based on Anderson's testimony, it was clear that IHHI director Judge Jameson (Ret.) had knowledge of what had been done to Fitzgibbons in 2008.
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- Ihi Aero Manufacturing
- IHI Marine Company
- IHI Marine Engineering Singapore
- IHI Marine International
- Ihi Marine United
- IHI Press Technology America, Inc.
- Ihi Yahn Ihi Arkestra