Case Caption: Mosler et al v. Gerace et al Case Number: SCT-CIV-2022-0049Date: 01/03/2024Author: Hodge, Rhys S. Citation: 2024 VI 1Summary: In an appeal contesting an opinion and order which granted in part and denied in part defendants’ motion for judgment as a matter of law and denied their motion for a new trial, along with the plaintiffs’ cross-appeal arguing that the Superior Court erred in vacating the jury’s award for breach of contract, breach of good faith and fair dealing, defamation and punitive damages, the judgment is affirmed in part and reversed in part. The Superior Court correctly determined that there was no contract between the parties, but because plaintiffs introduced sufficient evidence to prevail on their claim for the same damages under a theory of promissory estoppel, that portion of the opinion and order vacating the damages awarded by the jury for breach of contract is reversed. Those portions of the Superior Court’s decision which set aside the jury awards on claims for defamation and punitive damages as to Hanley, and which upheld the jury’s verdict and award as to the intentional misrepresentation claim, are affirmed. However, the Superior Court erred in vacating the jury’s verdict in favor of plaintiffs on the defamation claim with respect to defendant Mosler, as well as the award of punitive damages as to him, and therefore those portions of the opinion and order are vacated and those portions of the jury verdict are reinstated. While the motion for a new trial was properly denied, the Superior Court erred in failing to award prejudgment interest for the compensatory damages awarded on the claims for breach of contract (recharacterized as promissory estoppel) and intentional misrepresentation for the period stemming from March 3, 2022, through September 13, 2022. Accordingly, the September 13, 2022 opinion and order is affirmed in part and reversed in part, and this case is remanded for calculation of the amount of postverdict prejudgment interest owed to plaintiffs.Attachment: Open Document or Opinion