228,000 in Illinois Consumer Fraud Action on Contract; Myles v. E. King Construction Co.

Edward Myles, a truck driver, claimed that he lost earnings due to the defendants’ unfair acts and practices. The claim stemmed from the defendants’ breach of contract relating to the sale of commercial trucking equipment.

Mr. Myles claimed loss of revenue due to the defendants’ intentional interference with a third-party contract.

The defendants denied all of the plaintiff’s claims and filed a counterclaim seeking to recover the unpaid balance on the equipment.

The demand to settle the case before trial was $209,766. The offer made by the defendants was $5,000. However, at the end of the trial, the jury found in favor of Mr. Myles and against the defendants and also held against the defendants on their counterclaim. At the conclusion of the trial, post-trial motions by the defendants were denied by the trial judge.

The jury’s $228,030 verdict for Mr. Myles was made up of the following damages:
E. King Construction ($212,764):
• $205,132 for breach of contract;
• $7,632 for intentional interference with contractual relations and/or money had and received; and
• $7,633 awarded by the court on plaintiff’s Illinois Consumer Fraud Act claim.

In addition, $7,633 was awarded for plaintiff from Elaine King, individually, for intentional interference with a contractual relation and/or money had and received.

The trial court also awarded $133,316 in attorney fees for plaintiff against E. King Construction Co., making the total verdict $361,346. Under the Illinois Consumer Fraud Act, attorney fees are awarded for a successful end to a claim.

Mr. Myles’ attorney was David S. Morris.

Edward Myles v. E. King Construction Co., Inc., et al., 04 L 3638 (Cook County).

Kreisman Law Offices has been handling business conflicts, commercial litigation and other corporate and partnership matters for businesses in and around Chicago, Cook County and surrounding areas including, Park Ridge, River Forest, Chicago (Lake View), River Grove, Riverside, Palos Park, Midlothian, Western Springs, Hinsdale and Blue Island, Illinois.

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