Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

G-Force Hauling, L.L.C. v. Erickson

Court of Appeals of Iowa

April 18, 2018

G-FORCE HAULING, L.L.C., Plaintiff-Appellee,
v.
DAVID ERICKSON, Defendant-Appellant.

          Appeal from the Iowa District Court for Pottawattamie County, Susan K. Christensen, Judge.

         The defendant appeals from the judgment entered against him for tortious interference with a contract.

          Lloyd R. Bergantzel, Council Bluffs, for appellant.

          Mark A. Simons of Simons Law Firm, P.L.C., West Des Moines, for appellee.

          Considered by Vogel, P.J., and Potterfield and Mullins, JJ.

          POTTERFIELD, Judge.

         David Erickson appeals from the judgment entered against him for tortious interference with a contract after a trial to the court. Erickson challenges some of the district court's evidentiary rulings and the court's determination that he intentionally interfered with the contract between plaintiff G-Force Hauling, L.L.C. (G-Force) and Menards, Inc.. Erickson also argues G-Force failed to mitigate its damages and asks for an award of appellate attorney fees.

         I. Background Facts and Procedure.

         On April 18, 2011, Kevin Gowens, through his business G-Force, entered into a contract with Menards to deliver goods purchased from the Menards store located in Council Bluffs to Menards's customers. G-Force signed a new contract each calendar year it continued to make deliveries for Menards, including a contract for the year of 2013. G-Force did not sign a contract for 2014.

         Under the contract, G-Force received compensation based on mileage and handling charges and was eligible two bonus payments. The bonus payments included a "delivery bonus" and a "retention bonus." The delivery bonus equaled one half of one percent of the net sales price of merchandise G-Force delivered and was paid periodically, as the deliveries were invoiced. The retention bonus also equaled one half of one percent of the net sales price of the merchandise G-Force delivered, and it was paid in the February following the delivery year for all deliveries made between January 1 and December 31 but only if the hauler made deliveries for Menards through December 31 of the preceding year. G-Force received the retention bonus for each year it contracted with Menards except for the 2013 contract year.

          On August 24, 2013, Erickson began working for G-Force. Erickson made deliveries for G-Force under G-Force's contract with Menards; he made his last delivery for G-Force in November 2013. During the time he worked for G-Force, Erickson and Gowens discussed the hauling contract between G-Force and Menards. Specifically, the two discussed the details of the retention bonus.

         During 2013, to make deliveries, G-Force utilized a semi-truck with a Moffett (a truck-mounted forklift), which was attached to the trailer of the semi-truck with chains. The Moffett was used to load and unload the truck. Specifically fit chains were necessary to secure the Moffett to the semi. This was the only vehicle G-Force had registered with the department of transportation (DOT) to make commercial deliveries.

         Sometime before December 15, 2013, G-Force's Moffett ceased functioning. In order to continue making deliveries, G-Force rented a Moffett from Heartland Transport; G-Force continued to use its own truck and trailer with the rented Moffett, and it attached the rented Moffett to the trailer using its own chains, which were bolted to its trailer.

         On December 15, Erickson purchased from Heartland Transport a flatbed semi-trailer and a Moffett (the same one G-Force had been renting) with all accessories (including chains and restraints). The next day, Erickson went to the Council Bluff Menards-where G-Force kept its truck-and removed the purchased Moffett ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.