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DEVITO v. SHEERAN

755 A.2d 1147 (2000)

165 N.J. 167

Emil D. DEVITO, Plaintiff-Appellant and Cross-Respondent, v. James J. SHEERAN, Defendant-Respondent, and Lena Chang and PROPAC-Mass, Inc., Defendants-Respondents and Cross-Appellants, and Massachusetts Employers Insurance Exchange, Defendant.

Supreme Court of New Jersey.

Decided July 31, 2000.

Attorney(s) appearing for the Case

William J. Brennan, III, Princeton, for appellant and cross-respondent (Smith, Stratton, Wise, Heher & Brennan, attorneys; Mr. Brennan and William E. McGrath, Jr., of counsel and on the briefs).

R. Scott Thompson, Roseland, for respondent (Lowenstein Sandler, attorneys; Matthew P. Boylan and Robert L. Lombardi, on the brief).

Theodore W. Geiser, Roseland, for respondents and cross-appellants.

The opinion of the Court was delivered by LAVECCHIA, J.

Following a six-week trial, a jury found that a contract implied-in-fact existed as among plaintiff Emil DeVito, defendants James J. Sheeran and Lena Chang, and non-parties Arthur H. Aaronson and Richard McDonough. The jury concluded that Chang had breached that contractual agreement and awarded DeVito $1,825,000 in damages. On appeal, the Appellate Division, in an unpublished opinion, reversed the jury's verdict...

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