Law Office Information

VERDICTS & SETTLEMENTS

     On December 14, 2006 Michael won a jury verdict in the amount of $116,372 after a two day trial in a breach of contract case. His client, Mr. Canfield, had operated an automotive service business for twenty five years in Springfield, Virginia. Mr. Canfield wanted to sell his business and retire to his farm in Louisa, Virginia. Mr. Canfield entered into an oral contract for the sale of his business for $251,000. The parties signed a letter of intent but no formal contract was ever signed. The buyer took possession of the business, applied for a new tax ID number, hired several employees, opened two new bank accounts, hired an accountant, and started operating the business. The buyer also told several other businessmen in the area that he was the new owner of the business. The buyer made the first payment due under the contract and then defaulted. After one year, the buyer returned the keys and surrendered possession of the business.

     In the lawsuit, the buyer's defense was that he did not buy the business. He was hired as a manager. However, the jury rejected this defense and found that there was a contract to purchase and that the buyer breached that contract. Michael argued successfully that the buyer's conduct after the contract was signed showed his intent and belief that he was the owner of the business and not a manager.

     In 2003 Michael won a jury verdict for $82,000 in a breach of contract case. His client was a woman who had been hired by a corporation as an independent contractor in the telecommunications field. The defendant company experienced problems at one of its contract jobs in Virginia Beach and attempted to blame plaintiff. It stopped paying her. She continued to work for the company, they even sent her to another job out west, but she wasn't being paid. Finally, she took legal action. It took a two day jury trial and a judgment in her favor before she collected her money. The judgment has been paid in full.

     In February 2005, Michael won a verdict of $65,000 plus $10,000 in legal fees in a breach of contract case. Michael's clients were a husband and wife who had been in the restaurant business. They sold the business to defendants. Defendants paid a deposit and the balance of $65,000 was financed by Plaintiff's with a promissory note secured by deed of trust on defendants' house. Defendants took possession of the restaurant and began operating it, but after a short time, they decided they weren't making enough money, so they walked away. They claimed that Plaintiff misrepresented the financial condition of the business during the initial negotiations. The court found in favor of Plaintiffs on all claims and awarded judgment in Plaintiff's favor for the full amount sued. This judgment has been paid in full.

     In April 2005, Michael won a $150,000 settlement on the day of trial in an augmented estate claim. Michael's client was separated from his wife and in the middle of a divorce case when the wife died. In the will, the wife left all of her estate to her mother. Virginia law provides that in this circumstance, a surviving spouse can claim a statutory share of the augmented estate, 1/2 if there are no children. The claim was filed. The wife's mother and sisters refused to pay on the grounds that husband had deserted his wife and such desertion continued until the wife died. Desertion is a defense to an augmented estate claim. Husband denied that he deserted his wife. His evidence proved that the wife filed the divorce case and obtained an order for exclusive use of the marital residence. This is the only reason he left the martial residence. On the morning of trial, when the judge was reviewing preliminary motions, a settlement was reached whereby the wife's estate agreed to pay Michael's client $150,000.