Background:
Shareholder Steven Migala provided expert witness testimony to a Taft Stettinius & Hollister LLP trial team, assisting them to obtain a jury verdict in Cook County for its client, Michael Eggum, who sued his former restaurant business co-owner Ryan Kowalis for fraud and breach of fiduciary duty regarding Eggum’s investments in the restaurant co-owned by Kowalis. The evidence at trial included Mr. Migala’s expert opinion/report and testimony concerning the interpretation of key contract documents.
Challenges:
For this project, Steve and his team researched and produced an expert opinion letter / report concerning the interpretation of key contract documents, including a combined Stock Purchase Agreement and Shareholder Agreement. Mr. Migala ardently defended our firm’s opinions at deposition and at trial, persuasively explaining to the jury the meaning of various terms and conditions.
Result:
On September 4, a Cook County Circuit Court jury found Kowalis liable for fraudulently inducing Eggum to invest the money he saved while serving 10 tours of combat duty in Afghanistan and Iraq into the restaurant business that Kowalis co-owned and for which he acted as an officer and director. The jury found Kowalis liable for fraud and breach of fiduciary duty and awarded Eggum almost $400,000, which included $113,837 in compensatory damages and almost $300,000 in punitive damages.
Steven A. Migala
Shareholder
My team and I were pleased to assist the Taft trial team as its rebuttal expert witness on this case to achieve a favorable jury verdict for a deserving plaintiff.
Contact Steve Migala to discuss your legal needs.
847-705-7555 or smigala@lavellelaw.com.
“Steve’s expert witness testimony and analysis of the investment contract was incredibly persuasive at the jury trial. His balanced thoughtful testimony was clearly impactful on the jury. Despite the defendant's lawyer trying to push Steve to suggest that the investment funds could have been sent to any account, his opinion testimony was crystal clear – the money was directed and paid to the company's account and essentially could not thereafter be moved without unanimous shareholder approval. The jury clearly followed Steve’s testimony and the trial evidence, in finding the defendant liable for fraud in the inducement by clear and convincing evidence. We look forward to working with Steve on other cases!”
Todd Rowden – Taft Law Partner
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