Defamation • Tortious Interference • Judicial Privilege • Statute of Limitations
Cavato v. State Farm Mut. Automobile Ins. Co., PICS Case No. 17-0556 (C.P. Philadelphia County April 7, 2017) Glazer, J. (42 pages).
Court argued that its denial of plaintiff’s post-trial motion should be upheld on appeal. A chiropractor sued insurance company and company’s lawyer for defamation, abuse of process, conspiracy and tortious interference alleging that insurer tried to put him out of business by tarnishing his reputation in the legal community and using “hardball” litigation tactics in lawsuits involving his office. Insurer investigated chiropractor for fraud based on complaints from its insureds who complained that they were getting telemarketing calls from an individual posing as a representative of insurer suggesting they seek medical treatment. At trial, chiropractor was able to produce only one conversation from which a jury could conclude that lawyer had defamed chiropractor. Defendants raised the statute of limitations as a defense and the jury found that the conversation was barred by the statute of limitations. Chiropractor filed a post-trial motion claiming errors in evidentiary rulings.
