Rokos

Plaintiffs Kathy Bucuzzo and Wilda Rokos instituted this action against defendants American Broadcasting Company (ABC), Harold Sitowitz, Dr. Michael Peck, and the Suicide Prevention Center (Center) et al. to recover damages allegedly arising out of the unauthorized use of Bucuzzo’s unpublished literary works dealing with the problem of teenage suicide. The complaint, stating causes of action for plagiarism, breach of an implied-in-fact contract, and unjust enrichment, generally averred that Bucuzzo’s writings served as the basis for an ABC television production also dealing with the subject of teenage suicide.

Prior to trial, ABC, Sitowitz, the writer of the allegedly infringing work, and several other defendants settled with both plaintiffs for $12,000, and the matter proceeded solely against Peck and the Center. During pretrial proceedings, the court entered a summary judgment as to the cause of action for plagiarism and a judgment on the pleadings as to the claim for unjust enrichment.

At trial, following plaintiffs’ opening statement to the jury, defendants moved for judgment of nonsuit on the remaining contract cause of action as against Rokos. After considerable…