Boyd v. Tornier, Inc.

In action alleging breach of contract and intentional misrepresentation arising out of defendant's termination of distributorship agreements held by plaintiffs, record contained sufficient evidence to support jury's verdict in favor of plaintiffs where record showed that defendant made representations that plaintiff would have future exclusive distributorships of defendant's products if plaintiffs ceased selling products from other companies when at same time defendant arranged with others to sell defendants' products in plaintiffs' territories and required that plaintiffs maintain impossible quotas as means to support instant terminations. Record, though, did not support jury's award of lost profits where distributorship agreements specifically precluded any lost profit award, and where plaintiffs failed to show sufficient disparity in bargaining power so as to avoid instant contractual limitation on damages. Also record failed to support jury's award of tort damages that were based on lost profits over six year period at assumed 20 percent growth rate where said assumptions were based on speculation.