Institute of Veterinary Pathology, Inc. v. California Health Laboratories, Inc.

This case involves the economic life and corporate death of the Institute of Veterinary Pathology, Inc. (IVP). IVP, believing its untimely demise was due to the actions of defendants USV Pharmaceutical Corporation (USV), National Health Laboratories Incorporated (NHL), and Revlon, Inc., sued for compensatory and punitive damages for the tortious destruction of its business. A jury agreed, awarding IVP $88,000 in compensatory damages against all defendants plus $221,000 and $442,000 in punitive damages against NHL and USV respectively. Revlon escaped assessment for punitive damages because the court directed a verdict in its favor on that issue. In posttrial proceedings, the court also granted Revlon’s motion for judgment notwithstanding the verdict (NOV) and granted the motions by NHL and USV for new trial unless IVP accepted $26,250 in satisfaction of all verdicts. Plaintiff appeals the directed verdict, judgment NOV, and the new trial order. We conclude each of the court’s orders has adequate legal and factual support. Accordingly, we affirm.

Factual Background

IVP is the surrogate for Dr. Charles Sodikoff, a veterinary pathologist, a rare professional, uniquely…