Rob Ryder and Jim Brady Take Over Case on Eve of Trial, Get $5.6 Million Verdict Reduced to $81,000
Gruber v. Waechter, Hursman, Spectrum Med Systems
Venue: California - Orange County Superior Court
Verdict: $5.6 million, $81,000 punitive. Case settled for $81,000 after the court granted motion for new trial.
Type of Case: Fraud, Breach of Contract
Party represented: Hursman & Spectrum Med Systems
This case was assigned to our office 10 days before the 5th trial appearance date after all discovery had been handled by a solo corporate attorney with no litigation experience. Four plaintiffs sued the designer and manufacturer of a unitary catheter system, claiming that the defendants fraudulently induced them to enter into a contract to distribute the product, and then suddenly pulled the contract from them.
The defense argued that it was the plaintiffs who committed the fraud in claiming marketing experience they didn't have, that defendant was perfectly justified in cancelling the contract, and that plaintiffs' actions amounted to anticipatory breach of the contract before defendant cancelled it. The judge granted motions for non-suit as to 10 of plaintiffs' 12 causes of action and the case appeared to be headed for a defense verdict as to the complaint and a verdict in defendant's favor on the cross complaint.
However, one juror with a sales background swayed the panel into a verdict completely unsupported by the evidence, claiming that it represented two years of anticipated profits had the marketing efforts been successful. The court recognized the impropriety of the verdict and granted a new trial. Plaintiffs then settled the action for $81,000.
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