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Contracts
Breach of Contract
Breach of Contract

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

Judith F. Hayes

Court

San Diego Superior


Attorneys

Plaintiff

Robert M. Steele


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


#83727

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