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In the mid-1980s, petitioner and her then husband, Victor
Hubbard (Mr. Hubbard), now deceased, were involved in the
operation of a software development company. They were
introduced to Terry Thrift, Jr. (Mr. Thrift), who agreed to
invest in the venture. Subsequently, the financial condition and
business prospects of the company, as well as the relationship of
petitioner and Mr. Hubbard with Mr. Thrift, deteriorated.
Mr. Thrift thereafter filed a complaint against petitioner and
Mr. Hubbard with the District Attorney’s Office for Bexar County,
Texas, alleging, inter alia, theft of accounts receivable. In
response to this complaint, the District Attorney’s Office
instituted a criminal prosecution. On December 6, 1993, the
Assistant District Attorney assigned to the criminal case filed a
motion to dismiss.
On August 26, 1994, petitioner sued Mr. Thrift for malicious
prosecution in the 224th Judicial District, Bexar County, Texas.
Petitioner entered into a contingency fee contract with Attorney
Darby Riley (Mr. Riley) to represent her as plaintiff in this
lawsuit. The case was tried to a jury, and petitioner was
awarded a favorable verdict on August 16, 1996, in the amount of
$437,300, as follows:
Loss of earning capacity $9,800
Attorney’s fees to defend criminal charges 2,500
Mental anguish 150,000
Loss to reputation 275,000
Total 437,300
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