EX-NISSAN SALESMAN WINS SUIT AGAINST LOT.

Byline: Janet Gilmore Daily News Staff Writer

A jury has awarded $1.5 million to a former car salesman who claimed Universal City Nissan fired him after he refused to participate in a scheme to falsify credit reports and lure customers with phony newspaper ads.

The Los Angeles Superior Court jury awarded Christopher Lesbines $900,000 in punitive damages Thursday, after previously awarding him $600,000 in compensatory damages.

Lesbines' attorney had asked for up to $4 million in total damages.

``I'm very pleased with the verdict,'' said Lesbines, 39, who now sells computer software to auto dealerships in New York. ``I was more looking for vindication than a large monetary verdict.''

Attorneys for the dealership disputed virtually every claim in the suit - including whether Lesbines was fired or quit.

Attorney James Turken, who represents Morrie Sage, owner of Universal City Nissan, said he will appeal the verdicts.

``There are no facts in evidence to substantiate that anything improper was done by anybody,'' Turken said. ``I think they (jurors) were reacting to the vitriolic diatribe of plaintiff's counsel.''

Attorney Brian Panish, who represented Lesbines, said the jury's verdict was appropriate.

``I feel that the jury did the right thing and that they sent a message to, not just auto dealers, but all employers that they won't tolerate employers that attempt to coerce or force a person to violate the law.''

The jury concluded unanimously that Lesbines was improperly terminated, and they awarded punitive as well as compensatory damages after also concluding unanimously that the company's conduct involved malice, oppression and fraud.

The vote was 9 to 3 on the $900,000 amount for punitive damages. Unanimous verdicts are not required in civil trials.

Lesbines' lawsuit claimed that he was fired in September 1994 after about six years at the dealership.

Panish said Universal City Nissan had placed newspaper advertisements offering a lease on an Ultima model automobile that was below market value - but never intended to actually lease the car.

Instead, Panish said, the ad was used to lure customers into the dealership and direct them to other cars in a bait-and-switch scheme, Panish said.

The suit claimed that Lesbines refused to go along and attempted to lease the Ultima to a customer. When others learned of Lesbines' efforts, the lawsuit claimed, Lesbines was told to create a bad credit report and use it to deny the lease.

Lesbines refused to do so and went forward with plans to lease the car. Several months later, his lawsuit claimed, he was fired.

Turken said the allegations are baseless.

``Universal City Nissan is a large dealership that operates with the highest level of ethics and integrity,'' he said.

``They have never been accused of this before and this was not a consumer bringing the complaint - this was a disgruntled former employee who thought that he could roll the dice and make some money.

``The company is going to appeal it and ensure that he does not,'' Turken said.