Date: 10-27-2000

Case Style: David C. Wiesner v. Liberty Mutual Insurance Company

Case Number: 98-cv-934

Judge: Terry C. Kern

Court: United States District Court for the Northern District of Oklahoma

Plaintiff's Attorney: D. Kevin Ikenberry and Stephen L. Andrew of Stephen L. Andrew & Associates, Tulsa, Oklahoma and Renee Williams, Tulsa, Oklahoma

Defendant's Attorney: Abraham W. Bogoslavsky of Cross, Gunter, Witherspoon and Galchus, Little Rock, Arkansas and Amelia Ann Fogleman of Gable & Gotwals, Tulsa, Oklahoma

Description: Diversity of Citizenship Breach of Contact and Bad Faith claims - Plaintiff, an agent for Liberty Mutual, claimed that Liberty Mutual did not pay him at commission of $15,000 and when he sued for the commission, they terminated his agency. Plaintiff claimed that Liberty Mutual officials initially agreed to pay him the amount but then reneged, saying he could not receive the money for an account that was national, according to the lawsuit.

Outcome: Plaintiff's verdict awarding Plaintiff $86,292 in damages for difference in salary; $228,000 for lost future earnings; and $1.5 million for mental anguish. Plaintiff was also awarded $1.5 million in punitives damages.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Reported by Kent Morlan