CIVIL
JURY VERDICT REPORT
PLAINTIFF: Calhoun Battery, Inc.
DEFENDANTS: John Christopher Neal
CIVIL
ACTION NO.: 60183
JUDGE: William P. Adams
TYPE
OF CASE: Breach of Contract - February
2005
VERDICT: Plaintiff - $8,499.74 Contract Damages plus
pre-judgment interest plus attorney=s
fees of $15,000.00
TRIAL
DATE:
CLAIMED
DAMAGES: $8,499.74
CLAIMED ATTORNEY=S
FEES: $18,269.90
INSURANCE
CARRIER: None
LAST
PRETRIAL OFFER: $800.00
PLAINTIFF'S
ATTORNEY: Thomas Peter Allen, III
DEFENDANT=S
ATTORNEY: David N. Nelson and Jason
Lewis
OTHER INFORMATION:
Plaintiff
had been a supplier of batteries and other materials to Batteries Plus, located
on Bloomfield Drive, a business operated by B.S.C., LLC, of which Defendant was
an owner. Defendant obtained the
supplies on an open account which eventually had an unpaid balance of about
$8,500.00. Defendant decided to sell his
business and did so with the assistance of counsel by means of a bulk sales
transfer. As a part of the sale,
Plaintiff=s
employees testified Defendant promised to pay out of his personal funds the unpaid
balance if Plaintiff would agree to waive its interest in the assets
transferred in the sale. Defendant
denied making any such agreement.
Plaintiff=s
employees testified Defendant had agreed in writing to pay it out of his
personal funds but Plaintiff could not produce the written agreement. Plaintiff also contended Defendant had been
stubbornly litigious in not making the payment when it was first due in
February. Plaintiff=s
case consisted of the testimony of four employees of Plaintiff, the cross
examination of Defendant, and the statement in his place by Plaintiff=s
attorney about attorney=s
fees. Defendant testified in his own
behalf. The six person jury was asked to
determine whether to award contract damages, whether to award pre-judgment interest,
and then whether to make an award of attorney=s
fees. The jury deliberated about 45
minutes before returning its verdict.