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To: was mmmary who wrote (2215)12/14/2001 7:39:11 PM
From: dantecristoRead Replies (1) of 11092
 
[VAR] Varian v. Delfino Jury Verdict:
"We the jury in the above entitled action find the following
special verdict on the questions submitted to us:

FIRST CAUSE OF ACTION

Question Number One: Did Michelangelo Delfino defame Susan Felch by a statement or statements which were libelous on their face and as to which there is
no valid defense?

YES: 12-0

Question Number Two: Did Susan Felch sustain any damages, presumed or otherwise, as a result of the defamation by Michelangelo Delfino?

YES: 11-1

Question Number Three: What is the amount of damage sustained by Susan Felch as a result of the defamation of Michelangelo Delfino?

$50,000: 10-2

Question Number Four: Did Michelangelo Delfino act with malice, fraud or oppression when he defamed Susan Felch?

YES: 12-0
SECOND CAUSE OF ACTION

Question Number Five: Did Mary Day defame Susan Felch by a statement or statements which were libelous on their face and as to which there is no valid
defense?

YES: 12-0

Question Number Six: Did Susan Felch sustain any damages, presumed or otherwise, as a result of the defamation by Mary Day?

YES: 11-1

Question Number Seven: What is the amount of damage sustained by Susan Felch as a result of the defamation of Mary Day?

$50,000: 9-3

Question Number Eight: Did Mary Day act with malice, fraud or oppression when she defamed Susan Felch?

YES: 12-0
THIRD CAUSE OF ACTION

Question Number Nine: Did Michelangelo Delfino defame George Zdasiuk by a statement or statements which were libelous on their face and as to which
there is no valid defense?

YES: 12-0

Question Number Ten: Did George Zdasiuk sustain any damages, presumed or otherwise, as a result of the defamation by Michelangelo Delfino?

YES: 11-1

Question Number Eleven: What is the amount of damage sustained by George Zdasiuk as a result of the defamation of Michelangelo Delfino?

$50,000: 10-2

Question Number Twelve: Did Michelangelo Delfino act with malice, fraud or oppression when he defamed George Zdasiuk?

YES: 12-0

FOURTH CAUSE OF ACTION

Question Number Thirteen: Did Mary Day defame George Zdasiuk by a statement or statements which were libelous on their face and as to which there is no
valid defense?

YES: 10-2

Question Number Fourteen: Did George Zdasiuk sustain any damages, presumed or otherwise, as a result of the defamation by Mary Day?

YES: 10-2

Question Number Fifteen: What is the amount of damage sustained by George Zdasiuk as a result of the defamation of Mary Day?

$25,000: 9-3

Question Number Sixteen: Did Mary Day act with malice, fraud or oppression when she defamed George Zdasiuk?

YES: 12-0

FIFTH CAUSE OF ACTION

Question Number Seventeen: Did Michelangelo Delfino misappropriate Susan Felch’s name?

YES: 12-0

Question Number Eighteen: Did Susan Felch sustain any damage as a result of the misappropriation by Michelangelo Delfino?

YES: 11-1

Question Number Nineteen: What is the amount of damage sustained by Susan Felch as a result of the misappropriation by Michelangelo Delfino?

$25,000: 10-2

Question Number Twenty: Did Michelangelo Delfino act with malice, fraud or oppression when he misappropriated Susan Felch’s name?

YES: 12-0

SIXTH CAUSE OF ACTION

Question Number Twenty-One: Did Mary Day misappropriate Susan Felch’s name?

YES: 10-2

Question Number Twenty-Two: Did Susan Felch sustain any damage as a result of the misappropriation by Mary Day?

YES: 9-3

Question Number Twenty-Three: What is the amount of damage sustained by Susan Felch as a result of the misappropriation by Mary Day?

$25,000: 10-2

Question Number Twenty-Four: Did Mary Day act with malice, fraud or oppression when he misappropriated Susan Felch’s name?

YES: 12-0

SEVENTH CAUSE OF ACTION

Question Number Twenty-Five: Did Michelangelo Delfino misappropriate George Zdasiuk’s name?

YES: 11-1

Question Number Twenty-Six: Did George Zdasiuk sustain any damage as a result of the misappropriation by Michelangelo Delfino?

YES: 10-2

Question Number Twenty-Seven: What is the amount of damage sustained by George Zdasiuk as a result of the misappropriation by Michelangelo Delfino?

$25,000: 10-2

Question Number Twenty-Eight: Did Michelangelo Delfino act with malice, fraud or oppression when he misappropriated George Zdasiuk’s name?

YES: 12-0

EIGHTH CAUSE OF ACTION

Question Number Twenty-Nine: Did Mary Day misappropriate George Zdasiuk’s name?

YES: 9-3

Question Number Thirty: Did George Zdasiuk sustain any damage as a result of the misappropriation by Mary Day?

YES: 9-3

Question Number Thirty-One: What is the amount of damage sustained by George Zdasiuk as a result of the misappropriation by Mary Day?

$25,000: 9-3

Question Number Thirty-Two: Did Mary Day act with malice, fraud or oppression when he misappropriated George Zdasiuk’s name?

YES: 9-3

NINTH CAUSE OF ACTION

Question Number Thirty-Three: Did Michelangelo Delfino breach a duty owed to Susan Felch under a contract with Yahoo, Inc. ?

YES: 12-0

Question Number Thirty-Four: Did Susan Felch sustain any damage as a result of the breach of contract by Michelangelo Delfino?

YES: 11-1

Question Number Thirty-Five: What is the amount of damage sustained by Susan Felch as a result of the breach of contract by Michelangelo Delfino?

zero: 12-0

TENTH CAUSE OF ACTION

Question Number Thirty-Six: Did Mary Day breach a duty owed to Susan Felch under a contract with Yahoo, Inc. ?

YES: 12-0

Question Number Thirty-Seven: Did Susan Felch sustain any damage as a result of the breach of contract by Mary Day?

YES: 10-2

Question Number Thirty-Eight: What is the amount of damage sustained by Susan Felch as a result of the breach of contract by Mary Day?

zero: 12-0

ELEVENTH CAUSE OF ACTION

Question Number Thirty-Nine: Did Michelangelo Delfino breach a duty owed to George Zdasiuk under a contract with Yahoo, Inc. ?

YES: 12-0

Question Number Forty: Did George Zdasiuk sustain any damage as a result of the breach of contract by Michelangelo Delfino?

YES: 10-2

Question Number Forty-One: What is the amount of damage sustained by George Zdasiuk as a result of the breach of contract by Michelangelo Delfino?

zero: 12-0

TWELFTH CAUSE OF ACTION

Question Number Forty-Two: Did Mary Day breach a duty owed to George Zdasiuk under a contract with Yahoo, Inc. ?

YES: 12-0

Question Number Forty-Three: Did George Zdasiuk sustain any damage as a result of the breach of contract by Mary Day?

YES: 10-2

Question Number Forty-Four: What is the amount of damage sustained by George Zdasiuk as a result of the breach of contract by Mary Day?

zero: 12-0

THIRTEENTH CAUSE OF ACTION

Question Number Forty-Five: Did Michelangelo Delfino defame Varian Medical Systems, Inc. (“Varian Medical”) by a statement or statements which were
libelous on their face and as to which there is no valid defense?

YES: 10-2

Question Number Forty-Six: Did Michelangelo Delfino defame Varian Medical by a statement or statements which were libelous, but not libelous on their
face, and as to which there is no valid defense?

YES: 10-2

Question Number Forty-Seven: Did Varian Medical sustain any special damages as a result of the defamation by Michelangelo Delfino?

NO: 9-3

Question Number Forty-Eight: What is the amount of special damages sustained by Varian Medical as a result of the defamation by Michelangelo Delfino?

NOT APPLICABLE

Question Number Forty-Nine: Did Varian Medical sustain any general and compensatory damages, presumed or otherwise, as a result of the defamation by
Michelangelo Delfino?

YES: 9-3

Question Number Fifty: What is the amount of general and compensatory damages sustained by Varian Medical as a result of the defamation by Michelangelo
Delfino?

$50,000: 9-3

Question Number Fifty-One: Did Michelangelo Delfino act with malice, fraud or oppression when he defamed Varian Medical.

YES: 12-0

FOURTEENTH CAUSE OF ACTION

Question Number Fifty-Two: Did Mary Day defame Varian Medical by a statement or statements which were libelous on their face and as to which there is no
valid defense?

YES: 11-1

Question Number Fifty-Three: Did Mary Day defame Varian Medical by a statement or statements which were libelous, but not libelous on their face, and as
to which there is no valid defense?

YES: 11-1

Question Number Fifty-Four: Did Varian Medical sustain any special damages as a result of the defamation by Mary Day?

NO: 9-3

Question Number Fifty-Five: What is the amount of special damages sustained by Varian Medical as a result of the defamation by Mary Day?

NOT APPLICABLE

Question Number Fifty-six: Did Varian Medical sustain any general and compensatory damages, presumed or otherwise, as a result of the defamation by
Mary Day?

YES: 11-1

Question Number Fifty-Seven: What is the amount of general and compensatory damages sustained by Varian Medical as a result of the defamation by Mary
Day?

$25,000: 10-2

Question Number Fifty-Eight: Did Mary Day act with malice, fraud or oppression when he defamed Varian Medical?

YES: 12-0

FIFTEENTH CAUSE OF ACTION

Question Number Fifty-Nine: Did Michelangelo Delfino defame Varian Equipment Associates, Inc. (“Varian Semiconductor”) by a statement or statements
which were libelous on their face and as to which there is no valid defense?

YES: 11-1

Question Number Sixty: Did Michelangelo Delfino defame Varian Semiconductor by a statement or statements which were libelous, but not libelous on their
face, and as to which there is no valid defense?

YES: 11-1

Question Number Sixty-One: Did Varian Semiconductor sustain any special damages as a result of the defamation by Michelangelo Delfino?

NO: 10-2

Question Number Sixty-Two: What is the amount of special damages sustained by Varian Semiconductor as a result of the defamation by Michelangelo
Delfino?

NOT APPLICABLE

Question Number Sixty-Three: Did Varian Semiconductor sustain any general and compensatory damages, presumed or otherwise, as a result of the
defamation by Michelangelo Delfino?

YES: 9-3

Question Number Sixty-Four: What is the amount of general and compensatory damages sustained by Varian Semiconductor as a result of the defamation by
Michelangelo Delfino?

$50,000: 10-2

Question Number Sixty-Five: Did Michelangelo Delfino act with malice, fraud or oppression when he defamed Varian Semiconductor?

YES: 12-0

SIXTEENTH CAUSE OF ACTION

Question Number Sixty-Six: Did Mary Day defame Varian Semiconductor by a statement or statements which were libelous on their face and as to which
there is no valid defense?

YES: 11-1

Question Number Sixty-Seven: Did Mary Day defame Varian Semiconductor by a statement or statements which were libelous, but not libelous on their face,
and as to which there is no valid defense?

YES: 11-1

Question Number Sixty-Eight: Did Varian Semiconductor sustain any special damages as a result of the defamation by Mary Day?

NO: 10-2

Question Number Sixty-Nine: What is the amount of special damages sustained by Varian Semiconductor as a result of the defamation by Mary Day?

NOT APPLICABLE

Question Number Seventy: Did Varian Semiconductor sustain any general and compensatory damages, presumed or otherwise, as a result of the defamation
by Mary Day?

YES: 10-2

Question Number Seventy-One: What is the amount of general and compensatory damages sustained by Varian Semiconductor as a result of the defamation
by Mary Day?

$25,000: 10-2

Question Number Seventy-Two: Did Mary Day act with malice, fraud or oppression when he defamed Varian Semiconductor?

YES: 10-2

SEVENTEENTH CAUSE OF ACTION

Question Number Seventy-Three: Did Michelangelo Delfino breach a duty owed to Varian Medical under a contract with Yahoo, Inc. ?

YES: 12-0

Question Number Seventy-Four: Did Varian Medical sustain any damage as a result of the breach of contract by Michelangelo Delfino?

NO: 9-3

Question Number Seventy-Five: What is the amount of damage sustained by Varian Medical as a result of the breach of contract by Michelangelo Delfino?

NOT APPLICABLE
EIGHTEENTH CAUSE OF ACTION

Question Number Seventy-Six: Did Mary Day breach a duty owed to Varian Medical under a contract with Yahoo, Inc. ?

YES: 12-0

Question Number Seventy-Seven: Did Varian Medical sustain any damage as a result of the breach of contract by Mary Day?

NO: 10-2

Question Number Seventy-Eight: What is the amount of damage sustained by Varian Medical as a result of the breach of contract by Mary Day?

NOT APPLICABLE

NINETEENTH CAUSE OF ACTION

Question Number Seventy-Nine: Did Michelangelo Delfino breach a duty owed to Varian Semiconductor under a contract with Yahoo, Inc. ?

YES: 12-0

Question Number Eighty: Did Varian Semiconductor sustain any damage as a result of the breach of contract by Michelangelo Delfino?

NO: 10-2

Question Number Eighty-One: What is the amount of damage sustained by Varian Semiconductor as a result of the breach of contract by Michelangelo
Delfino?

NOT APPLICABLE

TWENTIENTH CAUSE OF ACTION

Question Number Eighty-Two: Did Mary Day breach a duty owed to Varian Semiconductor under a contract with Yahoo, Inc. ?

YES: 12-0

Question Number Seventy-Seven: Did Varian Semiconductor sustain any damage as a result of the breach of contract by Mary Day?

NO: 10-2

Question Number Eighty-Four: What is the amount of damage sustained by Varian Semiconductor as a result of the breach of contract by Mary Day?

NOT APPLICABLE
SPECIAL FINDING

Question Number Eighty-Five: Do you find that Michelangelo Delfno and Mary Day conspired to commit the acts (if any) which you have found to be
wrongful?

YES: 12-0 "

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