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Williamson v. Yang

Questions regarding plaintiff's delay in filing suit were relevant to defendants' claim that the 4-year statute of limitation had run.

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Claiming Jan Yang had failed to keep a promise to give Ron Williamson five percent of a newly-formed company Enzymatic Deinking Technologies or “EDT”, Williamson sued Yang and EDT in five counts to obtain the promised ownership shares or to recover damages. The counts were stated as claims for trover, breach of contract, breach of fiduciary duty, fraud, an accounting, and attorney fees. The court directed a verdict in EDT’s favor on all counts and in Yang’s favor on all counts excepting breach of contract. The jury found in Yang’s favor on the breach-of-contract count, and Williamson appeals in Case No. A01A0392. In Case No. A01A0393, Yang cross-appeals the court’s denial of his directed verdict motion on the breach-of-contract claim.

The questions on appeal are whether i the court abused its discretion in certain evidentiary rulings and in refusing to grant a mistrial, ii the court erred in entering the directed verdicts, and iii the court erred in refusing to compel the appellees to pay the record costs arising out of their record designations. We answer these questions in the negative and thus affirm in Case No. A01A0392. These rulings moot the cross-appeal in Case No. A01A0393.

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