Blane International Group sued The Boeing Company for the price of two Russian-made missile launchers which Blane alleged Boeing had agreed to purchase. Blane asserted claims for breach of contract, negligent misrepresentation, unjust enrichment and punitive damages. In an amended complaint, Blane alleged additional counts for tortious interference with contract and tortious interference with business relations. Specifically, Blane alleged that Boeing’s representatives had written three letters that allegedly harmed Blane’s ability to conduct its business. The case was tried before a jury. Boeing moved for a directed verdict on all counts. Blane consented to a directed verdict on its unjust enrichment claim, and voluntarily dismissed its claim for attorney fees. The court denied the motion as to the remaining counts. On Blane’s contract claim, the jury found for Boeing. On Blane’s claim for negligent misrepresentation with respect to the missile launchers, the jury awarded Blane $100,000. On Blane’s tortious interference with contractual and business relations, the jury found for Blane and awarded him $5,000. The jury also found that Boeing’s conduct entitled Blane to an award of punitive damages. A bifurcated trial on the issue of punitive damages proceeded to verdict, with the jury awarding punitive damages in the amount of $3.5 million. Boeing filed a motion for judgment notwithstanding the verdict, including a claim that the award of punitive damages was excessive. Blane filed a motion for new trial on the tortious interference claim. The trial court denied the motions.
In Case Number A05A1843, The Boeing Company appeals, alleging the trial court erred in 1 denying Boeing’s motions for a directed verdict and judgment notwithstanding the verdict on Blane’s claims for tortious interference with business and contractual relations, 2 failing to reduce the award of punitive damages, 3 failing to cap the punitive damages award at $250,000, 4 denying Boeing’s motions for a directed verdict and judgment notwithstanding the verdict on Blane’s claims for negligent misrepresentation, and 5 denying Boeing’s motion for a new trial. In Case Number A05A1844, Blane appeals, alleging the trial court erred in charging the jury that “clear and convincing” evidence is necessary to prove the existence of an oral contract in the context of a claim for tortious interference with business contracts. Because the facts and arguments in both cases overlap and arise from the same jury trial, we consolidate the appeals. For reasons that follow, we reverse the trial court’s judgment in Case Number A05A1843, and we dismiss as moot Case Number A05A1844.
