Hans Berger, individually, and dba Hans Berger Enterprises v. Applied Concepts Inc.
Published: Nov. 2, 2004 | Result Date: Jul. 27, 2004 | Filing Date: Jan. 1, 1900 |Case number: 6419097 Verdict – $334,158
Judge
Court
Fresno Superior
Attorneys
Plaintiff
Stephen R. Cornwell
(Cornwell & Sample LLP)
Defendant
Experts
Plaintiff
George Tamlyasu
(technical)
Facts
Applied Concepts Inc. (ACI) manufactured and marketed police radar products throughout the United States. In 1994, ACI hired Hans Berger as its exclusive sales agent. Berger previously worked for one of ACI's competitors, selling the same general type of equipment as ACI manufactured and distributed. Berger sold various types of equipment for ACI and other companies. However, he made the most money by selling so-called "Stalker" radar equipment to various state police agencies. In 1996, Berger received commissions of approximately $56,000. In each of the following two years, his commissions exceeded $70,000.
Settlement Discussions
According to Berger's counsel, he demanded $500,000. ACI offered $65,000. According to ACI's counsel, Berger demanded $600,000. ACI offered $80,000.
Damages
Berger sought $960,000 for lost commissions including interest, up to the end of the CHP contract.
Deliberation
one day
Poll
12-0
Length
six days
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