LIGHTNING LUBE, INC.; LASER LUBE, a New Jersey Corporation v. WITCO CORPORATION; AVIS SERVICE, INC.; AVIS LUBE, INC.; AVIS ENTERPRISES, INC. Defendants/Third Party Plaintiffs v. RALPH VENUTO, individually and d/b/a Laser Lube, Lightning Lube, and Automotive Management Systems; CAROL VENUTO, his wife, individually; AUTOMOTIVE MANAGEMENT SYSTEMS, INC., a New Jersey Corporation Third Party Defendants Witco Corporation, Appellant LIGHTNING LUBE, INC.; LASER LUBE, a New Jersey Corporation v. WITCO CORPORATION; AVIS SERVICE, INC.; AVIS LUBE, INC.; AVIS ENTERPRISES, INC. Defendants/Third Party Plaintiffs v. RALPH VENUTO, individually and d/b/a Laser Lube, Lightning Lube, and Automotive Management Systems; CAROL VENUTO, his wife, individually; AUTOMOTIVE MANAGEMENT SYSTEMS INC., a New Jersey Corporation Third Party Defendants Lightning Lube, Inc., t/a Laser Lube, Appellant, 4 F.3d 1153

Summary

Appellee franchiser was supplied with motor oil by appellant supplier. Appellee brought a contract action against appellant and was awarded compensatory and punitive damages. The trial court granted summary judgment on appellee's fraud and Racketeer Influenced and Corrupt Organizations Act (RICO) claims, but denied judgment as a matter of law on appellee's tortious interference and breach of contract claims. Also, the trial court granted a new trial on the punitive damages issue. Both parties sought review, and the court affirmed. The court held that sufficient evidence supported the verdicts on the tortious interference and breach of contract issues. Appellee was entitled to compensatory damages because it proved its damages to a reasonable degree of certainty. Also, appellee failed to establish a fraud claim or a RICO violation on the part of appellant under 18 U.S.C.S. § 1962. Finally, appellee did not establish any injury caused by appellant independent of the contract, and was ...