Facts

Jane Tourino sued Coale Financial Inc., Coale Financial Services Inc., Coale Financial Services, CFS, Mark Lundquist, Robert Coale, Robert Coale, and Robert "Woody" Coale.

PLAINTIFF'S CONTENTIONS:
Plaintiff sued defendants for breach of contract related to a "Participation Agreement." Plaintiff also asserted claims for conspiracy, account stated, breach of fiduciary duty, accounting, negligence, negligent misrepresentation, fraud and intentional misrepresentation, and elder abuse.

DEFENDANTS' CONTENTIONS:
Defendant Lundquist denied plaintiff's allegations, and asserted various affirmative defenses.

Result

Tourino dismissed her claims against Lundquist after reaching a $50,000 settlement with him. Tourino also agreed to dismiss her claims for conspiracy, account stated, breach of fiduciary duty, and accounting. Then, in a bench trial, the court entered judgment in favor of defendants Coale Financial and Robert Woodrow and against Tourino on her claims for breach of contract, negligence, and negligent misrepresentation. Next, the court entered judgment in favor of Tourino and against Coale Financial and Robert Coale on Tourino's action for fraud and intentional misrepresentation, and awarded her $350,000. That amount was offset by Lundquist's $50,000 settlement. The court also found in Tourino's favor on her claim for elder abuse against the same defendants, and awarded her $203,451 in prejudgment interest. Tourino was also entitled to attorney fees and costs.

Other Information

FILING DATE: May 6, 2011.