Target Media Partners Operating Company, LLC, and Ed Leader v. Specialty Marketing Corporation D/b/a Truck Market News

Summary

The court affirmed the denial of postjudgment relief on the contract, fraudulent-misrepresentation, and promissory-fraud claims, concluding that substantial evidence supported submission of those claims to the jury and that the appeal was timely from a final judgment. It held that Target Media waived any challenge to inconsistent breach-of-contract verdicts by failing to object to the verdict form, while the jury could reasonably find reliance, contractual breach, and promissory fraud from the evidence. The court remanded solely for the trial court to conduct the required hearing and make findings concerning the excessiveness of the punitive-damages awards. Justice Main, concurring in part and dissenting in part, would have directed judgment for Target Media and Leader on both fraud claims, and Justice Murdock questioned whether Target Media's promissory-fraud liability rested on vicarious rather than direct liability.