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Bartosz v. Chapparal Enters. Inc.

The defendant was not entitled to a directed verdict based on an admission by the plaintiff, which was never introduced into evidence.

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The issue in this appeal is whether the trial court should have granted a directed verdict based on an admission made by one of the parties. Because the admission was not introduced into evidence before the jury, and even if it had been it would have not have mandated a directed verdict, we find no error. In 1986, Henry Bartosz, Jr., entered into a franchise agreement with Chapparal Enterprises, Inc., which owned a pest control business known as Cherokee Services Pursuant to the agreement, Bartosz began operating his own pest control business using the Cherokee Services name, logo and trademark. He operated the business until June 2002, when he sold it to The ServiceMaster Company for $493,029.

In August 2002, Chapparal brought the instant lawsuit against Bartosz, claiming that he had failed to pay more than $100,000 in monthly fees required by the franchise agreement. Bartosz answered the complaint and, on September 19, 2002, served Chapparal by mail with various discovery documents, including a request for admissions. One of the things that Bartosz asked Chapparal to admit was that Chapparal had previously accepted Bartosz’s offer to settle the matter of unpaid franchise fees for $30,000.

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