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eBook details

• Title: Diversey Corporation v. Chem-Source Corporation
• Author : New Mexico Court of Appeals
• Release Date : January 06, 1998
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 76 KB

Description

Certiorari granted, No. 25,293, August 19, 1998 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY SUSAN M. CONWAY, District Judge OPINION {1} Plaintiff-Counterdefendant-Appellant, Diversey Corporation (Diversey), appeals from a judgment entered after a jury awarded Diversey $6,590.20 on a claim for unpaid debt, but also awarded Defendants-Counterplaintiffs-Appellees, Chem-Source Corporation and its owner, Curtis Hughes (collectively, Chem-Source), $128,500 for tortious interference with existing and prospective contractual relations ""and/or"" $385,500 for violation of the Unfair Practices Act (UPA) . See NMSA 1978, §§ 57-12-1 to -22 (1967, as amended through 1995). Although the jury found that Diversey's conduct was willful , Diversey does not appeal this finding or the Judge's award of increased damages for willfulness. {2} Diversey raises five issues on appeal: (1) whether jury instruction number five was an incorrect statement of the law; (2) whether the court erred in refusing Diversey's requested defamation instructions; (3) whether the court erred in allowing Dr. Parker, the expert for Chem-Source, to testify concerning lost profits without first establishing that Diversey caused the claimed losses; (4) whether the jury's damage verdict was excessive (because the jury relied on a mistaken measure of damages and because the jury failed to reduce the award to present value); and (5) whether the final verdict form, which included ""and/or"" language, resulted in double recovery. For the following reasons, we affirm on all but one issue. We remand solely to allow the trial court to enter a judgment that reduces the jury's award of future lost profits to present value.

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