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Former attorney Phil Ross defended himself during a nearly two-week trial over allegations that he and another defendant defamed\u00a0Seguin guardian\u00a0Tonya Barina by statements they made for a\u00a02020 Netflix documentary on guardianships.<\/p>\n
San Antonio Express-News file photo<\/p>\n
Charlie Thrash, 88, was a subject\u00a0of the 2020 Netflix documentary \u201cGurdianship Inc.\u201d due to being placed under a court-ordered guardianship after being diagnosed with dementia. Thrash, who owned a San Antonio automotive repair shop and amassed an estate valued in the millions of dollars. He is shown in 2018.\u00a0<\/p>\n
Courtesy<\/p>\n
Attorneys Carl Kolb, left, and Glenn Deadman said the verdict vindicated their client, plaintiff\u00a0Tonya Barina, in her defamation lawsuit over the 2020 Netflix documentary,\u00a0<\/p>\n
Patrick Danner\/San Antonio Express-News<\/p>\n
Laura Martinez, left, was Charlie Thrash\u2019s wife for a short time and was accused of undue influence and also spending the wealthy man\u2019s money. She is shown with her daughter Brittany Martinez, and son Joe Martinez in 2019 when Thrash\u2019s guardians took the siblings to court to have their adoptions by the elderly man nullified. Laura Martinez married Thrash in five-minute ceremony in March 2019 and adopted her adult children the next day. A judge\u00a0annulled the marriage and another judge\u00a0nullified the adoptions that same month.<\/p>\n
San Antonio Express-News file photo<\/p>\n
A Bexar County jury awarded nearly $8.5 million in damages to\u00a0Seguin guardian Tonya Barina in her defamation lawsuit over a Netflix documentary that\u00a0falsely portrayed her as exploiting an elderly man.<\/p>\n
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Jurors deliberated into Monday evening before reaching the verdict after a nearly two-week trial over \u201cGuardianship Inc.,\u201d a 2020 episode of Netflix\u2019s \u201cDirty Money\u201d<\/a> documentary series. Although Netflix and the documentary\u2019s producers settled with Barina before trial, former San Antonio attorney Phil Ross<\/a> and Jo Ann Rivera, Ross\u2019 former associate, remained in the case and represented themselves at trial.<\/p>\n Article continues below this ad<\/p>\n The lawsuit stemmed from a yearslong legal battle over the guardianship of one-time San Antonio businessman Charles Thrash, Barina\u2019s great-uncle. Also named as defendants were Laura Martinez, whose marriage to Thrash was later annulled<\/a>, and her children, Brittany, Michelle and Joe Martinez. Ross represented the Martinez family during the guardianship litigation before surrendering his law license <\/a>in lieu of discipline stemming from his role in the guardianship.<\/p>\n READ MORE: Defamation trial begins over Netflix documentary about San Antonio guardianship<\/a><\/p>\n Before the case went to the jury, state District Judge Nadine\u00a0Nieto<\/a> directed a verdict against the Martinez family after none of them presented a defense at trial.\u00a0<\/p>\n San Antonio Express News Logo<\/p>\n Make us a Preferred Source on Google to see more of us when you search.<\/p>\n <\/p>\n Add Preferred Source<\/p>\n <\/a><\/p>\n The jury found Ross, Rivera, the Martinez family and Netflix defamed Barina by falsely portraying her as exploiting Thrash and awarded her $6 million in actual damages and almost $2.5 million in punitive damages.<\/p>\n Article continues below this ad<\/p>\n Assigning blame<\/p>\n After finding Barina had been defamed, jurors assigned percentages of responsibility to each defendant and to Netflix, which settled before trial.<\/p>\n They assigned responsibility as follows: Ross, 30%; Netflix, 27%; Laura Martinez, 20%; Rivera 10%; Brittany Martinez, 8%; Michelle Martinez, 4%; and Joe Martinez, 1%.<\/p>\n Before closing arguments,\u00a0Nieto declined to remove Netflix from the apportionment question despite a request from Barina\u2019s lawyers. But because Netflix resolved Barina\u2019s claims before trial, no liability can be attached to it.\u00a0<\/p>\n Article continues below this ad<\/p>\n The jury also awarded punitive damages of $1 million against Ross, $200,000 against Rivera, $500,000 against Laura Martinez and $250,000 each against Brittany, Michelle and Jose Martinez.<\/p>\n \u201cThis verdict totally vindicates Tonya Barina and establishes she took no money from Charlie Thrash, nor was she ever involved in guardianship abuse,\u201d her lawyers, Glenn Deadman<\/a> and Carl Kolb<\/a>, said in a statement. \u201cThe verdict shows that Ross, Rivera and the Martinez clan intentionally defamed Ms. Barina.\u201d<\/p>\n Ross and Rivera didn\u2019t immediately respond to a request for comment Tuesday.<\/p>\n \u2018Crime of 21st century\u2019<\/p>\n The lawsuit centered on \u201cGuardianship Inc.,\u201d a documentary that featured the Thrash guardianship and another case while portraying guardianship abuse as \u201cthe crime of the 21st century.\u201d Barina alleged the episode falsely depicted her as exploiting Thrash and destroyed her reputation and banking career. The documentary was later taken off the air.<\/p>\n Article continues below this ad<\/p>\n Thrash, now 88, owned a San Antonio automotive repair shop and amassed an estate valued at $3 million to $6 million before he was placed under a court-ordered guardianship after being diagnosed with dementia.<\/p>\n