Markle v. Lee's Summit R-7 School District, Jackson County, Missouri, Case No. 1516-CV13364

May 31, 2019

OUTCOME: Demand Before Trial: $375,000. Offer Before Trial: $50,000. Verdict: For Defendant.

Big A LLC v. Payne, Jackson County, Missouri, Case No. 1316-CV02358

Jun 06, 2014

OUTCOME: Demand Before Trial: $1,700,000. Offer Before Trial: $50,000. Verdict: For Defendant.

Judge: Justine E. Del Muro Div. 4 Plaintiff’s Attorney: Daniel Baker and Stanley B. Cox (Stanley B. Cox & Associates) (Sedelia, MO) Defendant’s Attorney: Wesley J. Carrillo and Remington B. Smith (En ... sz & Jester) (Kansas City, MO) Type of Claim: Tortious Interference. Plaintiff purchased a package of bad debts from Excel Bank shortly before the FDIC closed the bank. Included was a $2.3 million judgment against Steven Gildehaus relating to property in Odessa, MO, purchased from Defendant Payne’s LLC. At the time of the Odessa property sale, several of Payne’s LLCs were leasing the property. Plaintiff claimed Gildehaus defaulted on his loan because Payne tortiously interfered with the promissory note and caused Gildehaus’s breach by perpetrating a fraud as to the term of the lease, specifically, by secretly renegotiating the lease before closing, misrepresenting the lease term by faxing Gildehaus a lease with the 30-day termination clause redacted, and terminating the lease shortly after sale closing, thereby depriving Gildehaus of the income needed to pay the promissory note. Defendant claimed that the lease was renegotiated long before closing with no concealment or misrepresentation, Gildehaus redacted the termination clause and falsely claimed it was done by Payne, Gildehaus’s breach was inevitable due to his insolvency, and Plaintiff proved no actual pecuniary loss. Damages Alleged: $2,899,818.17 ($2,355,868.53 Gildehaus judgment plus post-judgment interest); and punitive damages Plaintiff’s Experts: None presented. Defendant’s Experts: None presented. Demand Before Trial: $1,700,000. Offer Before Trial: $50,000.