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149536 - David Abbo v Wireless Toyz Franchise, LLC

David Abbo, Colorado Toyz, Inc., and Wireless Phones, LLC,
 
John Hermann
Mark R. Granzotto
 
Plaintiffs-Appellees,
 
v
(Appeal from Ct of Appeals)
 
 
(Oakland – Kumar, S.)
 
Wireless Toyz Franchise, LLC, Joe Barbat, Richard Simtob, JSB Enterprizes, Inc., and Jack Barbat,
 
Brian G. Shannon
 
Defendants-Appellants.
 

Summary

Plaintiff David Abbo invested in a Wireless Toyz franchise. When the franchise’s performance and profitability did not meet with his expectations, Abbo sued Wireless Toyz and the other defendants. Abbo filed a nine count complaint raising both contract and tort claims. A jury ruled in Abbo’s favor on only his “silent fraud” claim, essentially finding that the defendants failed to disclose material facts about the franchise with the intent of defrauding Abbo. The trial judge retired soon after the trial, and the successor judge granted the defendants’ motion for judgment notwithstanding the verdict. The judge concluded that the parties’ agreements precluded, as a matter of law, Abbo’s claim for silent fraud, that the evidence did not support such a claim, and that Abbo failed to establish the element of reliance. The Court of Appeals reversed in an unpublished opinion, and reinstated the jury verdict. The issues to be considered include whether the trial court erred in granting the defendants’ motion for judgment notwithstanding the verdict on the silent fraud claim.