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Davidson v. Klosterman Baking Co., Inc., 21948 (5-23-2008)

Citation: 2008 Ohio 2583Docket: No. 21948.

Court: Ohio Court of Appeals; May 23, 2008; Ohio; State Appellate Court

Narrative Opinion Summary

In this case, the defendant, a baking company, appeals the denial of its motions for a new trial and judgment notwithstanding the verdict following a jury award in favor of the plaintiff, a former independent distributor. The plaintiff transitioned from a company-employed truck driver to an independent distributor, losing income due to changes in service methods initiated by the defendant. The jury found that the defendant breached the Distributor's Agreement by preventing the plaintiff from servicing a key account, improperly terminating his distributorship, and failing to sell his distribution rights post-termination. The court awarded the plaintiff $324,693 in damages. The defendant's appeal contends that the verdict was against the manifest weight of the evidence, particularly arguing that the termination was justified by customer complaints and that efforts to sell the distribution rights were adequate. However, the appellate court upheld the jury's findings, emphasizing credible evidence of the defendant's breach, including testimony undermining the defendant's defense. The decision highlights the jury's role in assessing witness credibility and the defendant's failure to meet contractual obligations, leading to the affirmation of the trial court's judgment in favor of the plaintiff.

Legal Issues Addressed

Breach of Contractual Obligations

Application: Klosterman breached the Distributor's Agreement by preventing Davidson from servicing Classic Delight and by improperly terminating his distributorship.

Reasoning: The jury trial concluded with findings that Klosterman did not breach the agreement regarding service to Classic Delight from November 1992 to September 1993 but did breach it by preventing service from January 2002 to July 2004, improperly terminating Davidson's distributorship, and failing to sell his distribution rights.

Contractual Requirement to Support Sales Efforts

Application: Klosterman breached Section 6.1 by incentivizing Classic Delight to switch to direct pickup, undermining Davidson's distribution efforts.

Reasoning: A juror could reasonably determine that Klosterman breached this section by promoting the direct pickup by Classic Delight instead of facilitating Davidson's distribution.

Credibility of Witness Testimony

Application: The jury's decision was influenced by credibility assessments, particularly of Klosterman's Executive Vice President, whose testimony was undermined on cross-examination.

Reasoning: Wiltshire's credibility was compromised during cross-examination when he admitted to previously testifying incorrectly due to concerns about implicating Klosterman in potential antitrust violations.

Motion for a New Trial under Civ. R. 59(A)(6)

Application: Klosterman's motion for a new trial was denied, with the appellate court deferring to the jury's findings as they were backed by competent evidence.

Reasoning: The appeal centers on the assertion that the trial court erred in denying...the motion for a new trial...claiming the judgment was not supported by the weight of the evidence.

Motion for Judgment Notwithstanding the Verdict under Civ. R. 50(B)

Application: The trial court denied Klosterman's motion for judgment notwithstanding the verdict, as the jury's decision was supported by competent and credible evidence.

Reasoning: The appeal centers on the assertion that the trial court erred in denying the motion for judgment notwithstanding the verdict...claiming the judgment was not supported by the weight of the evidence.

Obligation to Sell Distribution Rights Post-Termination

Application: Klosterman failed in its obligation to sell Davidson's distribution rights, resulting in damages awarded to Davidson.

Reasoning: Section 11.4 of the Agreement mandates that Klosterman must operate the business and seek a qualified buyer for Davidson's rights post-termination.