Opinion
Civil Action No. 99-0471-CB-L.
September 14, 2000.
SPECIAL INTERROGATORIES and VERDICT FORM
Please answer the following questions in order, following the directions given below each question.
(1) Do you find that Gulf Bridge has proved by a preponderance of the evidence that Gulf Bridge and Ford entered into a contract in 1998?
Yes __________
No __________
If you answered no, then skip the remaining questions and have the foreperson sign the bottom of this form.If you answered yes, go to question 2.
(2)(a) Do you find that Gulf Bridge has proved by a preponderance of the evidence that as part of the contract Ford agreed to ship a minimum volume of 300 to 400 vehicles per week through December 1998?
Yes __________
No __________
If you answered yes, go to 2(b).
If you answered no, skip 2(b), (c) and (d) and go to question 3.
(b) Do you find that Gulf Bridge has proved by a preponderance that Ford breached the minimum volume agreement?
Yes __________
No __________
If you answered yes, go to 2(c).
If you answered no, go to question 3.
(c) Do you find that Ford has proved by a preponderance of the evidence that Gulf Bridge has waived its right to enforce the minimum volume agreement?
Yes __________
No __________
If you answered no, go to 2(d).
If you answered yes, go to question 3.
(d) What amount of damages, if any, has plaintiff proved, by a preponderance of the evidence, were proximately caused by Ford's breach of the minimum volume agreement? (Please enter a specific amount in dollars and cents.)
$ __________
(3) It is stipulated that in February 1999 Ford agreed to give Gulf Bridge sixty days notice prior to terminating the contract. It is further stipulated Gulf Bridge received notice of termination on March 15, 1999, after the termination had taken place. You must find in favor of Gulf Bridge for its claim that Ford breached the notice-of-termination provision unless you find that Ford has proved by a preponderance of the evidence that it was excused from giving notice because Gulf Bridge committed a material breach of the contract.
(a) Do you find that Ford has proved by a preponderance of the evidence that Gulf Bridge committed a material breach of the contract thereby excusing Ford from giving notice?
Yes __________
No __________
If you answered no, go to 3(b).
If you answered yes, stop here and have you foreperson sign this form.
(b) Do you find that Gulf Bridge has proved by a preponderance of the evidence that in February 1999 Ford agreed to a minimum volume of 300 to 400 vehicles per week?
Yes __________
No __________
Whether you answered yes or no, go to 3(c).
(c) What amount of damages, if any, has plaintiff proved, by a preponderance of the evidence, were proximately caused by Ford's breach of the notice-of-termination agreement? (Please enter a specific amount in dollars and cents.)
$ __________