Judgment by Nonsuit

Alan Jampol obtained a judgment by nonsuit after a jury trial in the Orange County Superior Court for a lawyer accused of slander and intentional infliction of emotional distress. After plaintiff completed his case, Alan moved for nonsuit on the ground that the plaintiff had not submitted sufficient evidence to prove every required element of his case. After extensive argument, the trial judge granted the motion and entered judgment for the insured lawyer. Plaintiff’s motion for new trial was denied.

Plaintiff’s case failed because it depended in large part upon a series of documents from the files of the Boeing Company (not a party to the action). Despite submitting a declaration by the custodian of records of Boeing Company and calling a Boeing employee to authenticate the documents, Alan successfully argues that why Plaintiff must be precluded from introducing Boeing documents into evidence. In connection with that effort, an onlooker in the court (who was a lawyer) recorded that Alan made 159 objections to the proffered documentary evidence, of which 152 were sustained by the judge.