Van Loon v. Thornton
This case involves a disagreement over the operation of a family business. Plaintiffs and appellants, Richard Van Loon (Richard)[1] and Dianne Van Loon (Dianne) (collectively referred to as Plaintiffs) brought suit against Winchester-Wesselink, LLC (LLC) and its majority members, David Thornton (David), Pauline Thornton (Pauline), Leo Wesselink (Leo), Betty Wesselink (Betty), Jules Wesselink, Sr. (Jules),[2] and his wife, Cornelia Wesselink (Cornelia) (collectively, Defendants), contending that Defendants unilaterally controlled the LLC to their own benefit and gain, and to the detriment and damage of Plaintiffs. Plaintiffs alleged causes of action for fraud, intentional and negligent misrepresentation, breach of contract, breach of fiduciary duty, and declaratory relief. Following a jury trial, judgment was entered in favor of Plaintiffs and against Defendants Jules, David, and Leo, solely on Plaintiffs' claim of breach of fiduciary duty. Plaintiffs were awarded damages in the amount of $150,000, for which each of the specified Defendants--Jules, David and Leo--was responsible in the amount of $50,000.
Defendants and appellants (Defendants/appellants) Jules, David, and Leo appeal the judgment, and Plaintiffs also appeal. Defendants/appellants raise the primary issue of â€
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