CARROLL A. DEPENNING, Plaintiff-Appellant, vs. RESOURCE ELECTRIC, INC., Defendant-Appellee. RESOURCE ELECTRIC, INC., Plaintiff-Appellee, vs. DEPENNING & ASSOCIATES, INC., Defendant-Appellant., 804 N.W.2d 314

Summary

Court properly found that the company president breached a fiduciary duty to the company. The president and his wife formed their new business using equipment, trucks, tools, employees and the corporate goodwill of the company to operate their new business. The president bid on an electrical service job for the new business while still president of the company. Also, the company proved its lost profits damages with reasonable certainty. The factual data supporting the lost profit calculation were actual business results, not projected business results.