In a lawsuit begun more than a decade ago and which led to counter-suits, appeals to the Florida Supreme Court and attention from national tort-reform groups, a
Palm Beach County jury has awarded more than $50 million to the former head of Marvel Entertainment and
his wife, who said a neighbor and an attorney for a Chubb subsidiary had stolen DNA samples and defamed them.
The sensational litigation, which began over who would manage a tennis program at a gated communit
y in Palm Beach County, pitted Marvel Chairman Isaac Perlmutter an
d wife Laura against neighbor Harold Peerenboom and insurance attorney William Douberley.
Peerenboom, a wealthy Toronto businessman, reportedly held
a policy with Federal Insurance Co., a Chubb subsidiary. Federal asked Douberley to handle the case. Under the policy,
he lawyer was authorized to gather evidence that may be used in litigation, according to court records and news reports.
Douberley (Florida Bar)
The initial lawsuit by the Perlmutters argued that Peerenboom, D
ouberley and Peerenboom’s insurance carrier had engaged in a defamation mail campaign and later held a deposition of Laura Perlm
utter in order to glean her DNA from water bottles she sipped f
Watch More Image Part 2 >>>
rom at the deposition. The DNA was used in an attempt to show that the Perlmutters had waged their own
anonymous hate mail effort against Peerendboom, and that Laura’s DNA was found on an unopened letter that Peerenboom had obtained, court documents contend.
When asked on the verdict form if Peerenboom engaged in a civil conspiracy with Douberley to damage the Per
lmutters and to publish false and defamatory statements, the jury answered, “yes.”
The jury awarded $16,011 in total damages to Isaac Perlmutter and another $50 million to his wife. The verdict form can be seen here.
Douberley, now retired from the law firm that once carried his name and which remains the staff counsel for Chubb
y morning, nor could his former law partner. Chubb representatives also could not be immediately reached Tuesday.
At the trial this month, before the case went to the jury, lawyers on each side disagreed over whether insurance would cover Douberley’s legal fees or damages.
Douberley and Peerenboom have not indicated if they plan to ask a Florida appeals court to review the verdict. Before the case went to the jury, though, parties in th
e case and national tort-reform groups had asked an appeals acourt and the state Supreme Court to limit the Perlmutters’ apparent demand for punitive damages.
An amicus brief filed by the Florida Justice Reform Institute, the U.S. Chamber of Commerce, and the Americ
an Tort Reform Association asks the high court to amend the rules of civil procedure and co
dify an appeals court ruling so that “any record evidence identified by the parties, including evidence submitted by
the defendant, must be considered by the trial court as it decides whether to permit amendment of a complaint to include a request for punitive damages.”
That question is still pending before the state Supreme Court