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Jury Returns Verdict for $2.1 Million for Wrongful Termination
Chicago – December, 2006 -- Michael Dady and Scott Korzenowski won a jury verdict of $2.1 million against Volvo Construction Equipment and in favor of a former excavator dealer in northern Maine for Volvo’s unlawful termination of the dealership agreement. The dealer originally had been franchised by Samsung. Volvo acquired Samsung, and then “Volvoized” the Samsung line of products by changing the name and trademark and certain other aspects of the equipment. Volvo then contended that the Samsung line no longer existed, and therefore, it had no obligation to give the dealer a Volvo franchise. The jury agreed with Dady & Garner’s argument that the changes to the line were merely cosmetic, and that Volvo could not take away the dealership by merely changing the name and color of the products. The jury’s award was in fact more than the dealer asked for in damages. FMS, Inc. v. Volvo Construction Equipment North America, Inc.