||Ram Outfitters Ltd.
||Robert Mace, Gerald Mecham and James Pendergast
||June 29, 2009
||US District Court for the District of Arizona
||Phoenix Division Office
||Mary H Murguia
|Nature of Suit:
|Cause of Action:
||28 U.S.C. § 1331 Fed. Question: Breach of Contract
|Jury Demanded By:
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|April 14, 2011
FINDINGS OF FACT AND CONCLUSIONS OF LAW finding that Defendant Gerald W. Mecham, Jr. breached the implied warranty of fitness for a particular purpose as to Plaintiff Ram Head, and awarding $120,149.74 in damages; finding that Defendant Gerald W . Mecham, Jr. breached the implied warranty of merchantability as to Plaintiff Ram Head, and awarding $120,149.74 in damages; finding that Defendant Gerald W. Mecham, Jr. breached its contract with Plaintiff Ram Head, and awarding $120,149. 74 in damages; finding that Defendant Gerald W. Mecham, Jr. did not commit negligent misrepresentation; finding that Defendant Gerald W. Mecham, Jr. committed consumer fraud against Ram Head and awarding $136,372.82 in damages; finding that Defe ndant Robert C. Mace breached his contracts with Ram Head, and awarding $136,372.82 as to the pre-purchase breach, and $122,649.74 as to the export C of A breach; finding that Defendant Robert C. Mace committed professional negligence again st Ram Head and awarding $136,372.82 in damages; finding that Defendant Robert C. Mace committed negligent misrepresentation against Ram Head and awarding $136,372.82; finding that the torts committed against Ram Head by Mecham and Mace cau sed an indivisible injury of $136,372.82, and that Mace is sixty percent (60%) responsible for the injury and that Mecham is forty percent (40%)responsible for the injury; that Defendants are jointly and severally liable for $120,149.74 of the damages awarded on their contract-based claims; directing the Clerk to enter judgment accordingly. Signed by Judge Mary H Murguia on 04/13/11. (ESL)
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