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Breach of Contract
Misrepresentation
Fraud

Wayne Wynne v. Holder-Hall, et al.

Published: Jul. 27, 1996 | Result Date: Jun. 25, 1996 | Filing Date: Jan. 1, 1900 |

Case number: BC112964 –  $92,882

Judge

Florence Miller

Court

L.A. Superior Central


Attorneys

Plaintiff

Ron Schlager


Defendant

John B. Evans


Experts

Plaintiff

R. Mark Peard
(technical)

Facts

In August 1992, plaintiff Wayne Wynne was hired by defendant Holder-Hall as a catastrophe manager in the Fort Lauderdale field office. The office had been set up after Hurricane Andrew. The plaintiff claimed that the scope of the contract was tremendously underestimated by the defendants. In September 1992, the plaintiff and defendants renegotiated for additional compensation based upon the actual work to be done, as the operation had increased to four times its estimated size. The defendants claimed there was no supplemental agreement reached, as the renegotiation contract was not signed by the defendant president of Holder-Hall. The plaintiff brought this action against the defendants, Holder-Hall and its president, based on breach of contract, misrepresentation and fraud theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $70,000. The defendants made a C.C.P. º998 offer of compromise for $5,000.

Damages

The plaintiff claimed $92,882 in damages.

Other Information

The verdict was reached approximately one year and nine months after the case was filed. An arbitration was held on Sept. 13, 1995, before Bryan Kravetz resulting in an award of $78,392.33 in favor of the plaintiff. The defendants requested a trial de novo.

Deliberation

_________

Length

2 days


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