Terry Hass v. Tony (U.S.A.), Inc. et al.
Published: Mar. 20, 1999 | Result Date: Nov. 20, 1998 | Filing Date: Jan. 1, 1900 |Case number: 703957 Verdict – $1,516,150
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
William V. Whelan
(Solomon Ward Seidenwurm & Smith LLP)
Experts
Plaintiff
Robert H. Wallace
(technical)
Defendant
Thomas Lambert
(technical)
Facts
The plaintiff, Terry Hass, a 49-year-old corporate buyer and product developer worked for K mart in Michigan. In 25 years of employment with K mart, he worked his way up from assistant manager trainee to the executive position of buyer. In January 1995, Hass agreed to work for defendants, and relocated from Michigan to California based, among other things, on an oral employment agreement to be paid 25 percent of the profits of the business starting in his second year of employment. The plaintiff was wrongfully terminated in July 1996, and denied his share of the profits. The plaintiff sued defendants for breach of contract, promissory fraud, negligent misrepresentation, violation of Labor Code º970, wrongful discharge in violation of public policy, non-payment of wages, etc. The plaintiff sought $1.4 million for breach of contract and failure to pay wages due through date of termination. The plaintiff also sought future lost profits on the breach of contract claim and sought $10,400 in upaid vacation, and unspecified emotional distress damages for promissory fraud, violation of Labor Code º970, wrongful discharge in violation of public policy, and negligent misrepresentation. The cause of action for intentional infliction of emotional distress was dismissed by plaintiff during trial. The defendants alleged plaintiff's employment was at-will and denied the existence of a profit sharing term in the employment contract.
Settlement Discussions
The plaintiff made a settlement demand for $3 million. the defendant made an offer of $200,000 - $250,000.
Specials in Evidence
$4 million to $12 million
Other Information
The verdict was reached approximately two years and two months after the case was filed. A mediation was held before Stuart Herman of JAMS/Endispute.
Deliberation
one day
Poll
varied
Length
nine days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390