Facts

June 1, 2004 the parties entered into an agreement for a joint venture to cultivate, harvest and sell fresh market tomatoes.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed breach of fiduciary duty and breach of contract arising from a joint venture agreement to cultivate, harvest and sell fresh market tomatoes. Plaintiff claimed that defendant breached the agreement by failing to complete the harvest of the subject tomato field in November 2004; that defendant harvested its own fields and skipped over plaintiff's field, so the defendant could sell its product in a "hot" market. Plaintiff also claimed that defendant breached its fiduciary duty to obtain the best market price for the sale of the tomatoes.

Plaintiff alleged a loss of profits as a result of the alleged breach and sought an award of punitive damages.

DEFENDANTS' CONTENTIONS:
Defendants denied plaintiff's claims that defendant breached the contract by not completing harvest of the field. Defendants asserted that due to weather conditions, involving excessive rain, it was not reasonable to harvest the last half portion of the field after a harvest was commenced.

Defendants denied breach of its obligation in the sale of tomatoes and claimed that it obtained the best market prices available to it as a wholesale processor. Further, defendants denied that plaintiff suffered damages in the amount claimed as lost profits.

Settlement Discussions

Prior to trial, plaintiff demanded $2 million. Defendant made no offer.

Damages

Plaintiff asked the jury for damages in the amount of $733,000 plus a finding of malice/fraud.

Result

Defense verdict on both breach of contract and breach of fiduciary duty.

Other Information

Defendant filed a motion for attorney fees. Plaintiff filed a motion for new trial. FILING DATE: May 9, 2007.

Deliberation

three days

Poll

11-1 (breach of contract), 10-2 (breach of fiduciary duty)

Length

17 days