Joeckel v. Disabled American Veterans
District of Columbia Court of Appeals
793 A.2d 1279 (2002)
- Written by Sharon Feldman, JD
Facts
Charles Joeckel, Jr. (plaintiff) worked for Disabled American Veterans (DAV) (defendant). While Joeckel was serving as national adjutant, DAV paid $80,000 to settle a lawsuit alleging that Joeckel had sexually harassed an employee’s wife. DAV fired Joeckel and sued him for recovery of the $80,000. DAV also sought recovery under its insurance policy and eventually received $50,000 from the insurer. DAV continued to pursue its action against Joeckel for the remaining $30,000. The jury found for Joeckel. Joeckel sued DAV for malicious prosecution, claiming he had suffered economic damages, humiliation, embarrassment, and reputational damages as a result of the lawsuit DAV had filed against him maliciously and without probable cause. Joeckel alleged DAV caused him to spend almost $200,000 to defend himself. The court granted summary judgment to DAV, finding that neither the expense of defending the suit, nor the emotional suffering the suit caused, nor the harm to Joeckel's reputation constituted the “special injury” required for a malicious-prosecution claim. Joeckel appealed.
Rule of Law
Issue
Holding and Reasoning (Ruiz, J.)
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