Date: 03-05-1999

Case Style: Sand Mountain Funeral Home, Inc. v. Tom Wilson

Case Number: 2971069.

Judge: Randall L. Cole

Court: Circuit Court, DeKalb County, Alabama

Plaintiff's Attorney: E. Allen Dodd, Jr. and Holly Hendrickson of Scruggs, Jordan, Dodd & Dodd, Fort Payne, Alabama.

Defendant's Attorney: Bradley W. Cornett and George P. Ford of Ford & Howard, Gadsden, Alabama.

Description: On March 2, 1995, Sand Mountain Funeral Home, Inc., ("Sand Mountain") sued Wilson, a former employee, alleging conversion and breach of fiduciary duties. Sand Mountain also claimed that Wilson had conspired to devalue the corporate stock and had used corporate funds to purchase stocks in his name. Wilson counterclaimed, alleging that Sand Mountain had breached its contract with him regarding stock repurchase and that it owed him for unpaid salaries and commissions. Sand Mountain amended its complaint to add claims of fraudulent suppression and misrepresentation, tortious interference with business relations, defamation, and conspiracy.

Outcome: The case proceeded to trial, and the jury returned a verdict in favor of Sand Mountain, awarding damages of $41,550. The jury also returned a verdict in favor of Wilson, awarding him damages of $137,275. Sand Mountain moved for a judgment as a matter of law (formerly known as a motion for a JNOV) as to Wilson's counterclaim ; the trial court granted this motion, holding that Sand Mountain was entitled to a judgment as a matter of law on all claims brought by Wilson.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Wilson appealed to the Alabama Supreme Court, which transferred the case to the Court of Civil Appeals of Alabama, which affirmed in part, reversed in part, and remanded the case to the Circuit Court with instructions for a new trial. See: 739 So.2d 1123 (Ala.Civ.App. 1999). The date shown above is the date of the appellate court decision and not the trial date. Reported by JAB.