27.03.2014 Views

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

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

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

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

<strong>Duckworth</strong> counterclaimed against <strong>Wolfe</strong> <strong>Electric</strong> for breach of contract for firing<br />

him without cause.<br />

Greatly summarized, during the 3-week jury trial <strong>Wolfe</strong> <strong>Electric</strong> alleged that<br />

<strong>Duckworth</strong> and Global had misappropriated eight pieces of information from <strong>Wolfe</strong><br />

<strong>Electric</strong>: (1) vendor list; (2) customer list; (3) CAD (computer-aided design) drawings; (4)<br />

the oven's Dymondwood handle; (5) electrical components; (6) lifting plates; (7) oven<br />

layout; and (8) bill of materials.<br />

Ron <strong>Wolfe</strong> testified <strong>Duckworth</strong> had been issued a laptop computer for use as the<br />

company's president and had unlimited access to <strong>Wolfe</strong> <strong>Electric</strong>'s CAD drawings. He<br />

believed <strong>Duckworth</strong> downloaded confidential <strong>Wolfe</strong> <strong>Electric</strong> files to an external hard drive<br />

the night before <strong>Duckworth</strong> left the company and deleted all of <strong>Wolfe</strong> <strong>Electric</strong>'s files and<br />

e-mails from the laptop before turning it over to <strong>Duckworth</strong>'s attorney. <strong>Wolfe</strong> claimed this<br />

information was inappropriately used in the development of the Global oven. By contrast,<br />

defendants generally contended they engaged in a legitimate reverse engineering of the<br />

<strong>Wolfe</strong> <strong>Electric</strong> oven to make their own.<br />

The trial court denied dispositive motions by defendants at the close of <strong>Wolfe</strong><br />

<strong>Electric</strong>'s case and their own. The jury then rejected <strong>Duckworth</strong>'s counterclaim against<br />

<strong>Wolfe</strong> <strong>Electric</strong> for breach of contract but held <strong>Duckworth</strong> and Global liable on each of<br />

<strong>Wolfe</strong> <strong>Electric</strong>'s claims. The jury awarded damages as follows:<br />

<strong>Duckworth</strong>—Breach of contract<br />

Loss of profits from sales $50,000<br />

Loss of opportunity for sales $125,000<br />

Loss of trade secrets and confidential business information $50,000<br />

Loss of good will $50,000<br />

9

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!