James Allen Middleton and Julie T. Middleton v. Russell Grp., Ltd., et al.

Breach of Contract, Unfair and Deceptive Practices - In 1993 James Allan Middleton, Jr., and Julie T. Middleton (plaintiffs), filed a complaint against The Russell Group (Russell), Brooke Licensing (Brooke), and Life Insurance Company Of Georgia (LOG), (collectively defendants), asserting claims for breach of contractual duty to pay medical insurance benefits for medical expenses, breach of an employment contract to pay for the premiums for health insurance benefits, failure to provide benefits under ERISA, a claim for injunctive relief to provide COBRA benefits, breach of fiduciary duty, misrepresentation, emotional distress, and unfair and deceptive trade practices.

Plaintiff's Verdict - Before the trial began, the trial court granted defendants' motion for summary judgment on all the common law claims except negligent misrepresentation. At the close of all the evidence, the trial court directed a verdict for LOG as to the claim for negligent misrepresentation. After the jury trial, the trial court held defendants jointly and severally liable for the sum of $351,906.28, plus post-judgment interest at the legal rate from the date of the judgment, along with costs in the amount of $6,125.27. Russell and Brooke were found responsible for $78,563.41 in attorneys' fees and LOG was responsible for $19,640.85 in attorneys' fees. All of the pre-judgment interest was taxed to Russell and Brooke.

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Affirmed by the Court of Appeals of North Carolina. See 514 S.E.2d 94 (N.C.App. 1999). Note that the above cited date is the date of the appellate decision and not the trial date. Reported by C.H.