Traffic Tech v. Davis Transport
Published: Nov. 4, 2003 | Result Date: Oct. 7, 2003 | Filing Date: Jan. 1, 1900 |Case number: GIC798966 Verdict – $241,050
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Peter M. Hughes
(Wilson, Elser, Moskowitz, Edelman & Dicker LLP)
Facts
The plaintiff trucking broker entered into a contract with the defendant trucking company to haul freight for the plaintiff's customers. The contract was for a one-year term; it provided that the defendant could not do business with the plaintiff's customers directly and provided for a two-year non-compete after the termination of the contract. About five weeks into the contract, one of the plaintiff's customers contacted the defendant directly and the defendant agreed to haul freight directly for the customer without the plaintiff's knowledge. The defendant admitted to a breach of the contract at trial but contended that their conduct was not the cause of the plaintiff's injuries and that the plaintiff did not suffer any damages because the customer had fired the plaintiff.
Settlement Discussions
The plaintiff offered $250,000; the defense did not submit an offer.
Damages
The plaintiff sought damages over the three year contract - one year plus two year non-compete, for a total of $293,000.
Deliberation
three hours
Poll
12-0
Length
four days
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