Smith v. Jones (pseudonyms)

Russell F Conn

Practice Area:Litigation

Outcome:Plaintiffs win $380K judgment.

Description:Plaintiff dentists sought recovery of $100K for services performed in a study to test the efficacy of a new breath refresh product. The essential business terms were agreed to orally based on representations by the defendant agent of the company for whom the study was performed. Following a four day trial ending on 7/1/08, and after about one hour of deliberation, a Middlesex Superior Court jury awarded plaintiffs the full $100K, finding the defendant had committed fraud, then doubled the award, finding that the defendant's conduct also violated the state's Consumer Protection Act. The trial court subsequently awarded plaintiffs their attorneys' fees and costs, and denied defendant's post-trial motion for relief from the jury's verdict. The company for whom defendant had acted as an agent settled with plaintiffs during discovery. Judgment affirmed by Massachusetts Appeals Court. With accrued interest, final judgment was for $380K.