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TODD v. SULLIVAN CONST. LLC

No. 33954.

191 P.3d 196 (2008)

Dave TODD, Plaintiff-Respondent, v. SULLIVAN CONSTRUCTION LLC, Defendant-Appellant. Sullivan Construction LLC, f/k/a Sullivan Todd Construction, LLC, Counter claimant-Appellant, v. Dave Todd, Counterdefendant-Respondent. Sullivan Construction LLC, Plaintiff-Appellant, v. Jason Petersen, Defendant-Respondent.

Supreme Court of Idaho, Boise, June 2008 Term.

Rehearing Denied August 13, 2008.

Attorney(s) appearing for the Case

Elam & Burke, P.A., Boise, for appellant. Joshua S. Evett argued.

Lee P. Ritzau, Ketchum, for respondent.

EISMANN, Chief Justice.

In this case a member and an employee of a limited liability company conspired to divert construction jobs from the company for their own benefit, performing those jobs with company employees and equipment and retaining the profits. Although the jury found that the member and employee had committed the tort of tortious interference with prospective economic advantage, the company obtained only $100 in damages. We vacate the damage award because...

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