Date: 10-11-2001

Case Style: Gregory L. Pabich v. Randy Kellar

Case Number: 2-00-105-CV

Judge: David L. Richards

Court: Texas Court of Appeals, Fort Forth

Plaintiff's Attorney: Unknown

Defendant's Attorney: Unknown

Description: Appellee Randy Kellar brought suit against appellant Gregory Pabich for tortious interference with a business relationship, breach of fiduciary duty, and fraud. The jury found for Kellar on all issues, and the judgment awarded him $3,083,273.97 in actual and exemplary damages, as well as $433,273.97 in prejudgment interest. Pabich challenges the jury’s findings that he breached his fiduciary duty to Kellar and tortiously interfered with Kellar’s business relationships, the finding of damages for those causes of action and Kellar’s fraud action, and the trial court’s failure to grant a new trial for juror misconduct. Kellar also cross appeals arguing the trial court erred in not setting up a constructive trust in the judgment.

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Click the case caption above for the full text of the Court's opinion.

Outcome: Having sustained Pabich’s first through fourth issues, we reverse the judgment of the trial court in part. In light of our ruling on issues one and four, we remand those issues to the trial court for further proceedings consistent with our disposition. In light of our rulings on issues two and three, we render judgment for Pabich on the finding that he tortiously interfered with Kellar’s business relationship with Veldekamp and McLaughlin and on the finding that he was liable for $750,000 in damages for fraud. We also reverse the jury’s finding of exemplary damages and remand the determination of the proper amount of exemplary damages to be awarded Kellar to the trial court for further proceedings consistent with this opinion. The trial court’s judgment is otherwise affirmed.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: None