Damages

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WI Court of Appeals – District III

Case Name: Yim C. Hear v. Superior Restaurant Company, LLC,

Case No.: 2018AP2230

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Damages

Superior Restaurant Company, LLC, appeals judgments, entered following a jury’s verdict in a case involving a failed restaurant venture. The jury awarded Yim Hear a net amount of $82,934.89 on his eviction claim after offsetting $97,500 for Superior’s successful prosecution of a breach of fiduciary duty claim against Hear. Superior challenges many of the circuit court’s determinations, including its refusal to change the jury’s answers on the special verdict form to questions regarding Superior’s breach of its lease agreement with Hear, and Hear’s breach of a preliminary agreement made at the inception of the restaurant venture. Superior also alleges the court made numerous evidentiary errors and erred by refusing to award damages based on the jury’s finding that Hear breached an implied covenant of good faith and fair dealing. We reject all of Superior’s arguments and affirm.

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Derek A Hawkins is Associate Corporate Counsel, IP at Amazon.