Tuesday, April 21, 2009

Fryar Law Firm Wins Jury Trial

A Harris County jury returned a verdict in favor of Fryar Law Firm's client Hartman Management in Vaughan v. Hartman Management, No. 2005-78080, in the 333rd Judicial District Court, Harris County, Texas. The case was originally filed by Richard Vaughan, a former Hartman employee, seeking approximately $2 million in damages for alleged violations of his employment agreement and other claims. Hartman Management later counterclaimed against Mr. Vaughan for breach of the employment agreement on the grounds that he violated the non-disparagement clause and that he misappropriated proprietary information. In February 2008, Fryar Law Firm obtained summary judgment on all of the plaintiff's claims except one. The trial commenced on April 14 on the plaintiff's one remaining claim and on Hartman Management's counterclaim. The court granted Fryar Law Firm's motion for directed verdict on the plaintiff's remaining claim at the close of the plaintiff's case in chief, and the jury returned a verdict in favor of Hartman Management on the breach of contract counterclaim on April 21, after about three hours of deliberation. Fryar Law Firm will seek entry of a judgment on the verdict providing that Mr. Vaughan's breach of contract discharges Hartman Management from the obligation to pay $410,000 in deferred compensation provided for in the employment agreement and ordering Vaughan to pay $150,000 in attorneys fees. Vaughan was represented at trial by Gregg Rosenberg of the Houston employment law firm Rosenberg & Sprovack.