Dietrich

In this action for libel a jury awarded Noah Dietrich compensatory damages in the amount of $75,000 against Charles B. Thornton, Litton Industries, Inc. and George T. Scharffenberger, and exemplary damages in the amount of $5,000,000 against Thornton, $1,000,000 against Litton, and $50,000 against Scharffenberger. The trial court then granted judgment against Dietrich notwithstanding the verdict, and also, as is permitted by Code of Civil Procedure section 629, ordered a new trial if the judgment should be reversed on appeal.

Dietrich is here appealing from the judgment notwithstanding the verdict and the order granting a new trial. Litton, Thornton and Scharffenberger have brought a precautionary cross-appeal from the judgment on the verdict.

Since this case grows out of other litigation which has been occupying the time of the courts for some years, a statement of the background is required first.

In 1959 Emmett T. Steele brought suit against Litton Industries, Inc. and its chief executive officer, Thornton, to enforce oral promises which he claimed were made to him. On November 29, 1962, in preparation for trial of that case, Steele’s attorney took the deposition of…