B.C. v. Cottone CA4/3
A jury found defendant Lee Vincent Cottone liable on several tort causes of action for sexually abusing his niece, plaintiff B.C., when she was between eight and 10 years old. Cottone challenges the sufficiency of the evidence to support his ability to pay the jury’s award of $300,000 in punitive damages, primarily citing a lack of evidence regarding his financial liabilities. B.C. cross-appeals from the court’s award of $95,000 in attorney fees, asserting the court failed to apply the lodestar method in determining statutory attorney fees (Code Civ. Proc., § 1021.4). For the reasons expressed below, we reverse the award of punitive damages and remand for retrial on that issue, including Cottone’s liabilities. We affirm the attorney fee award.
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