Kansas Supreme Court - 99536 – Wolfe Electric, Inc. v. Duckworth

In referring to the jury's completed verdict form, defendants first stated they had no
problem with loss of profits in the amount of $50,000. But they did have problems with any
verdict for loss of opportunity for sales and loss of good will. As for loss of trade secrets
and confidential business information in the amount of $50,000, defense counsel
acknowledged how the jury could have reached that conclusion based upon the evidence:
"I can see how the jury could come up with that by saying, 'okay, well, we got ten ovens
that were sold at a profit of $5,000 each. That is item one [on the verdict form], loss of
profits. And then we’re going to assess another $50,000 because that's what a trade secret
is worth. Or confidential business information or both. We don't know which that was
taken away by Mr. Duckworth and used by Global and Mr. Duckworth at a later time, so
we're going to assess damages for ten ovens, and we're going to put a value of $50,000 on
the trade secrets.'" (Emphasis added.)
Defense counsel concluded the defendants had no problem with the additional
$50,000 awarded:
"And so we're not really questioning items one [loss of profits] and B [actually, item
5—loss of trade secrets and confidential business information—on the verdict form's
Question B.]
"Our motion to remittitur goes to everything else . . . loss of opportunity, loss of
good will. Simply no evidence that would support any damages being awarded for those
items, and I just offer that to clarify our motion for remittitur because we didn't file an
extensive brief with regard to that." (Emphasis added.)
reiterated:
Later in the hearing defense counsel explained the crafting of the verdict form and
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