Jury panel pitches coach $700,000

Marisa O’Neil

A jury on Thursday ruled that a Newport Coast physician will have to

pay $700,000 in damages to his son’s former high school baseball

coach, whom the physician sued twice before.

After four hours of deliberation, a jury in Superior Court Judge

Robert Gallivan’s courtroom decided that Marc Martinez had acted with

“oppression, malice, despicable conduct or fraud” against Corona del

Mar High School baseball coach John Emme, 41.

Emme filed the countersuit after Martinez pulled his son off the

varsity team in 2001, complained to the school district about Emme,

filed two lawsuits and made allegedly damaging comments about the

coach to local and national media outlets.

“At some point you have to come out of your corner,” Emme said

after the verdict.

“What message would it send to my players if I didn’t stand up for

my good name?”

Emme, who has won two CIF titles in his seven years coaching the

Sea Kings, said the ruling was a victory for him and coaches all over

the country.

Emme and one juror independently referred to Martinez as an

“overzealous” parent.

“I think this should send a message to parents,” said juror Jill

Hillabrant, whose son played baseball in high school and college.

Jurors said they easily decided in Emme’s favor but struggled on

the amount of damages.

They awarded Emme $500,000 in compensatory damages, with one juror

dissenting over the amount.

After further testimony, they deliberated another hour and a half

before they decided Martinez should pay $200,000 in punitive damages.

Two jurors disagreed over that amount.

Some said they were surprised they had to deliberate a second time

to award additional damages.

Jurors took into consideration loss of future wages Emme might

incur as a result of Martinez’s lawsuits and publicized comments,

juror Susan Wirth said.

Emme’s attorney argued in court that his client would have a tough

time making the leap from high school to college coaching as a result

of the lawsuits and publicity.

“I’m just worried about this season right now,” Emme said.

“But my goal has always been to move up the coaching and teaching

ranks.”

Martinez pulled his son, J.D., off the team in 2001 because he

felt Emme was damaging his son’s arm by making him throw too many

pitches.

Martinez’s two suits, one of which also accused the Daily Pilot of

defaming him, were thrown out.

Emme filed his countersuit, claiming malicious prosecution for the

two previous suits and defamation from comments Martinez made during

national media interviews.

The case garnered national attention, and both parties spoke with

several media outlets.

Martinez was not present in court when the punitive damages were

read.

His attorney, Manuel Dominguez, said Martinez has retained another

attorney -- his fourth in this matter -- and has discussed the

possibility of filing an appeal.

J.D., meanwhile, entered University of San Diego in 2003. He told

his father he tried out for the baseball team but later stated in a

deposition that he hadn’t.

He did not appear in court, though attorneys read portions of his

deposition.

“I will say to this day he’s a great kid,” Emme said. “I’m glad we

didn’t have to drag him into this.”

* For coaches’ reaction to the verdict, see Sports Page A11.

* MARISA O’NEIL covers public safety and courts. She may be

reached at (714) 966-4618.