Oldham v. Aetna Insurance

DORAN, J. This is an appeal by defendants Aetna Insurance Company and Everett Moran from a judgment on a verdict entered against them in favor of plaintiff.

The action was brought by plaintiff, Harold Oldham, for damages alleged to have been sustained by virtue of an alleged false arrest and imprisonment. The plaintiff was arrested without a warrant on November 27, 1933, on suspicion of grand theft and violation of sections 548 and 549 of the Penal Code of California, by R. E. Warwick, detective lieutenant of the Glendale police department. Appellant Moran, who was an independent insurance adjuster, to whom Aetna Insurance Company had assigned the adjustment of Mr. Oldham’s loss, was present at the time of the arrest.

At the conclusion of plaintiff’s case, plaintiff dismissed the action as to three defendants, namely, Marshall Rankin, Mcrvyn F. Collopy, alleged to be special adjusters of Aetna Insurance Company, and R. E. Warwick, the detéctive lieutenant who arrested plaintiff.

The record reveals that plaintiff’s apartment was burglarized on September 29, 1933. At that time he was insured with the Aetna Insurance Company against loss from burglary and theft, and he filed a claim with said company for loss alleged to represent the value of the articles stolen, in the sum of $1575. The complaint in the usual form alleged that appellants caused respondent’s arrest and that said arrest was without probable cause.

The jury returned the following verdict: “We, the jury in the above entitled action, find for the plaintiff and [146]against the defendants Aetna Insurance Co. and Everett S. Moran and assess plaintiff’s damages against defendant Aetna Insurance Co. at $282.00 special damages, $6000.00 compensatory damages and $ none exemplary damages, and assess plaintiff’s damages against defendant Everett S. Moran at $282.00 special damages, $4000.Q0 compensatory damages and $ none exemplary damages.”

Upon said verdict the following judgment was entered: ‘ ‘ Wherefore, by virtue of the law, and by reason of the premises aforesaid, it is ordered, adjudged, and decreed that said Harold Oldham have and recover from said Aetna Insurance Company the sum of $6282.00 and from Everett S. Moran the sum of $4282.00, together with his costs and disbursements incurred in this action, amounting to the sum of 454 and 00/100 dollars.”

At the outset it should be noted that the verdict was for compensatory damages and special damages only; no punitive damages were awarded. The law appears to be well settled that where the action is for compensatory damages suffered on account of a wrong in which both defendants join, the damages cannot be severed. (McCool v. Mahoney, 54 Cal. 491.)