Federal 7th Circuit Court
Civil Court
Damages
Record failed to contain sufficient evidence to support jury's award of $5.6 million to plaintiff in breach of contract action calling for plaintiff to market new software program generated by defendant used to identify potential car buyers for auto dealerships. While jury assessed damages based on projected enrollment of auto dealerships, defendant was entitled to new damages hearing where record failed to support expert witness' assumptions regarding either number of projected buyer leads or appropriate ratio of wholesale leads to retail sales. Fact that plaintiff had proven track record of sales for different software program was insufficient to support instant damages award where parties were dealing with new and unproven software program.