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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Newbury v. Virgin, 802 A.2d 413 (2002)

Citation
Newbury v. Virgin, 802 A.2d 413 (2002)
Parent Document
Newbury v. Virgin, 802 A.2d 413 (2002)
Jurisdiction
Maine (state)
Effective Date
2002-07-30

Full Text

1,599 chars
[¶ 20] Although Virgin has offered no argument on the issue of lost profits, an award of damages must be supported by credible evidence. Newbury offered no corroborating evidence establishing that Club Xtremis’s profits would be sustainable throughout the year or for any extended period of time, let alone indefinitely. There was no credible evidence demonstrating that Newbury’s efforts to mitigate his damages were completely frustrated by the fact that he could not capitalize on the “momentum” created by Club Xtremis. The evidence is insufficient to justify the *418extent of the period for which the award was given or the reasonableness of the amount of the award. See Eckenrode v. Heritage Mgmt. Corp., 480 A.2d 759, 766 (Me.1984) (“Plaintiffs own opinion as to the increased profits he would have reaped had he operated the shop for the entire period of his contract, based merely on one year’s past performance of the shop and on changes that would result under the contract as to plaintiffs expenses and profit retention, was not an informed opinion based on relevant facts in evidence upon which the jury could rely in assessing damages for claimed lost profits.”). On the state of the evidence in this case, we see no reason to depart from the principle espoused in Doughty, 661 A.2d at 1122-23, that damages for lost earnings and profits for conversion are usually limited to the time period it would take a reasonable person to replace the converted items. We conclude that Newbury’s claim for lost profits should be limited to a period of three weeks, or $1050. II. PUNITIVE DAMAGES