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The Lawsuit
On December 15, 1983, Carrera, through Mr. Anderson, filed
a complaint against Pro-Formance; Whitehead; and Gillespie
(defendants) in the Superior Court of Dekalb County, Georgia.
In the complaint, Carrera alleged tortious interference with
business relations, breach of a fiduciary duty, and defamation.
The defendants answered, counterclaimed, and interpleaded the
Andersons in their individual capacity.
The Andersons answered and counterclaimed alleging two
separate counterclaims against the defendants: (1) That
defendants caused “injury to * * * [Mr. Anderson’s] economic
well-being, peace of mind and business reputation”, and (2)
that defendants caused “great injury to * * * [Mr. Anderson’s]
peace, happiness and feelings.” Pursuant to a consolidated
pretrial order, which was drafted by Mr. Anderson’s attorney,
the court issued verdict pro forma to the jury as follows: “As
to count 1 of Richard D. Anderson’s counterclaim against Pro-
Formance Shocks, Inc., Timothy M. Whitehead and George T.
Gillespie for alleged intentional injury as a result of alleged
tortious interference with plaintiff’s business relationships,
we the jury find”; and “As to count 2 of Richard D. Anderson’s
counterclaim against Pro-Formance Shocks, Inc., Timothy M.
Whitehead and George T. Gillespie for alleged slander, we the
jury find”.
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Last modified: May 25, 2011