Fraidin v. Weitzman
Maryland Court of Appeals
93 Md. App. 168 (1992)
- Written by Salina Kennedy, JD
Facts
Andre Weitzman (plaintiff) and the law firm Braiterman & Johnson (plaintiff) represented Ray and Margarette Dorman (defendant) in a lawsuit against Jacob Fraidin (defendant). The Dormans agreed to pay Weitzman and Braiterman & Johnson a 50-percent contingency fee. The Dormans won their lawsuit, and the jury awarded them $366,949 in damages. After the verdict was returned, Fraidin and the Dormans met and secretly agreed to settle the case for $50,000. Prior to signing the settlement with Fraidin, the Dormans fired both Weitzman and Braiterman & Johnson. Weitzman and Braiterman & Johnson sued Fraidin for tortious interference with the fee agreement and sued the Dormans for breach of contract. At trial, financial statements were admitted into evidence showing that Fraidin’ s net worth was more than sufficient to satisfy the $366,949 judgment against him. The jury awarded Weitzman and Braiterman & Jonson $183,474 against Fraidin and $25,000 against the Dormans. Fraidin appealed, arguing that: (1) his judgment should be limited to $25,000, representing 50 percent of the amount for which Fraidin and the Dormans settled their claim; and (2) because the Dormans were jointly and severally liable for the breach of the fee agreement, Fraidin was entitled to a $25,000 reduction in the amount of the judgment against him.
Rule of Law
Issue
Holding and Reasoning (Bishop, J.)
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