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deliberation was limited to a cause of action under a breach of
contract theory.
Moreover, in the Jury Instructions with respect to
petitioner, the Jury was instructed to deliberate based upon only
a breach of contract cause of action. The Jury was specifically
instructed that "in awarding damages, if any, you are not
permitted to award any amount for the purpose of punishing any
party, or to make an example of any party." There were no tort
or tort type cause of action instructions to the Jury with
respect to petitioner.
As noted, the District Court's Judgment also is devoid of
any reference to an award based on a tort or tort type claim. In
addition to the $159,238, the Judgment awarded only amounts of
commissions plus interest to petitioner and FBC. The Judgment of
$1,521,628.04 was based solely on breach of contract claims.
After the Jury Trial, WNIC was faced with a liability of
$1,521,628.04, in favor of petitioner and FBC. This Judgment
reflected commissions due, interest thereon, and an amount for
wrongful termination of the general agency contract. Obviously,
WNIC thought it could reduce this liability by its appeal of the
Judgment. Petitioner did not appeal. After settlement
negotiations, WNIC was able to settle for $894,800.00, a
reduction of $626,828.04. WNIC's liability as a result of the
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