Larry Kelley v. Badger Industrial Contractor
Published: Jun. 1, 1996 | Result Date: Apr. 12, 1996 | Filing Date: Jan. 1, 1900 |Case number: CV957435JSL – $339,428
Judge
Court
USDC Central
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
George M. Brinton
(technical)
David J. Weiner M.B.A., AM
(technical)
Facts
The plaintiff, Larry Kelley, was a 44-year-old vice president at the defendant company, Badger Industrial contractor. The plaintiff alleged that the defendant induced him to move to Wisconsin to work as a vice president. The plaintiff alleged that he was promised 49% of the defendantÆs pre-tax profits as part of his compensation with the option to purchase stock from the defendant sole shareholder. The plaintiff claimed he was not paid his share of the pre-tax profits. The plaintiff quit his position with the defendant company. The plaintiff brought this action against the defendants, the company and sole shareholder, based on breach of contract, Labor Code º970 and breach of the covenant of good faith and fair dealing theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $140,000 which was increased thereafter to $200,000. The defendants made a settlement offer of $50,000 (per the plaintiff) and $75,000 (per the defendants).
Damages
Per the plaintiff, the plaintiff claimed $339,428 in economic damages at trial. Per the defendants, the plaintiff claimed $660,000 in economic damages.
Other Information
The verdict was reached approximately six months after the case was filed. The plaintiff prevailed on the oral breach of contract claim. The court granted the defendants' motion for judgment on the pleadings which dismissed the Labor Code claim (as barred by the statute of limitations) and the breach of the covenant of good faith and fair dealing claim.
Deliberation
6 hours
Poll
8-0
Length
7 days
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