F. Browne Gregg, Sr., and Juanita O. Gregg - Page 12




                                       - 12 -                                         
               Petitioners’ alternative argument is without merit.  Their             
          characterization of the Court of Appeals’ opinion in Gregg v.               
          U.S. Indus., Inc., supra, is (viewed charitably) inaccurate.                
          After the jury awarded petitioner $8.1 million on his fraudulent            
          inducement cause of action, USI appealed the verdict to the Court           
          of Appeals for the Eleventh Circuit, arguing that the trial court           
          had erred in instructing the jury to measure damages on an “out-            
          of-pocket” rather than a “benefit of the bargain” basis.  Id. at            
          1465.  USI argued that, under a “benefit of the bargain”                    
          approach, the maximum amount that petitioner could have recovered           
          for the fraud was $5.6 million--or $2.5 million less than the               
          $8.1 million that the jury actually awarded him.  The Court of              
          Appeals rejected USI’s argument, however, and held that there was           
          no error in the jury’s use of the out-of-pocket measure of                  
          damages.  See id. at 1467.                                                  
               In seeking to rely upon Gregg v. U.S. Indus., Inc., supra,             
          petitioners seem to have confused the rejected argument advanced            
          by USI with the holding of the Court of Appeals.  In fact, the              
          Court of Appeals’ holding bolsters the view that the fraud                  
          damages represented compensation for petitioner’s economic losses           
          rather than for any personal injury.  The Court of Appeals                  
          stated:                                                                     
               The jury assessed the evidence presented regarding the                 
               value of Gregg’s companies prior to the closing with                   
               USI and awarded Gregg an out-of-pocket amount of                       
               damages representing that value less the value of the                  





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next

Last modified: May 25, 2011