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Gray-Jones v. Jones3/23/2000
APPEALS from the Franklin County Court of Common Pleas.
Appellant, Janet M. Gray-Jones, appeals from a decision and final judgment entry of the Franklin County Court of Common Pleas awarding judgment against appellant in favor of appellees, Energy Marketing Services, Inc. ("EMS"), Jeffrey A. Jones ("Jones") and Albin A. Strohen ("Strohen").
Appellant filed two complaints on July 29, 1996, alleging that she was wrongfully discharged as a director, officer and employee of EMS, and a shareholder derivative action. Appellees counterclaimed, alleging that appellant tortiously interfered with the sale of EMS' assets to UtiliCorp Energy Services ("UtiliCorp"), and sought damages based on appellant's conduct. The two actions were consolidated for trial. In an entry filed September 24, 1997, the trial court dismissed appellant's employment discrimination claim as a sanction for failure to comply with discovery orders. On February 17, 1998, the trial court granted appellees' partial summary judgment motion, finding that appellant withdrew as a shareholder of EMS effective October 19, 1996. The trial was held March 9 to March 18, 1998. At the conclusion of the trial, the trial court sustained appellees' directed verdict motion against appellant on her shareholder derivative action, finding that the action could not be maintained because appellant withdrew from EMS on September 19, 1996.
In a decision and judgment entry filed May 11, 1998, the trial court found that appellant was not wrongfully terminated by appellees because they had legitimate business reasons for her termination, that appellant's shares in EMS were worth $221,400, that appellees were entitled to recover damages from appellant in the amount of $3,000,000 for her tortious interference with the sale of EMS' assets to UtiliCorp, that appellees were entitled to recover attorney fees from appellant in relation to the frivolous shareholder derivative action, the partial summary judgment motion, and the tortious interference claim, and that appellant should be punished for her malicious behavior by an award of punitive damages to appellees. The trial court held a separate hearing to determine the amount of attorney fees to be awarded as compensatory damages and to determine the amount of punitive damages. In a final judgment entry, filed September 30, 1998, the trial court awarded appellees $454,517 in attorney fees and $454,517 in punitive damages. Appellant filed timely notices of appeal.
On appeal, appellant raises eight assignments of error:
Assignment of Error I:
THE TRIAL COURT ERRED IN AWARDING COMPENSA-TORY DAMAGES TO EMS BECAUSE THERE WAS NO SHOWING OF DAMAGES FOR TORTIOUS INTER-FERENCE WITH A PROSPECTIVE CONTRACTUAL RELATIONSHIP.
Assignment of Error II:
THE TRIAL COURT ERRED IN HOLDING THAT GRAY TORTIOUSLY INTERFERRED WITH A BUSINESS RELATIONSHIP.
Assignment of Error III:
ADVICE OF COUNSEL REGARDING THE ACTIONS OF A PARTY CANNOT RISE TO THE LEVEL OF IMPROPER INTERFERENCE WITH A CONTRACT.
Assignment of Error IV:
THE TRIAL COURT ERRED IN AWARDING JUDGMENT TO THE DEFENDANTS SINCE THEY FAILED TO MITIGATE THEIR DAMAGES.
Assignment of Error V:
THE TRIAL COURT ERRED IN FINDING THAT GRAY'S STOCK HAD A VALUE OF ONLY $221,400.00.
Assignment of Error VI:
THE COURT ERRED IN FINDING THAT PLAINTIFF WAS NOT WRONGFULLY TERMINATED.
Assignment of Error VII:
THE TRIAL COURT ERRED IN FINDING THAT EMS HAD A LEGITIMATE BUSINESS REASON TO TERMINATE GRAY.
Assignment of Error VIII:
THE TRI
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