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WILLEY v. RILEY12/20/1995
on claim was dismissed by the court prior to trial in sustaining defendants' motion for summary judgment.
The case proceeded to trial.
The jury found defendants were liable under Iowa Code chapter 91A (1991) for wrongfully withholding $35,599.07 in wages from Willey, with $32,590.53 of that amount found to be intentionally withheld. This verdict and judgment thereon is not challenged on appeal by either party.
The jury also awarded Willey $30,000 in damages after finding defendants intentionally interfered with Willey's prospective contractual relationship with Philip Morris. The jury also found defendants intentionally interfered with Willey's contractual relationship with Reese but concluded Willey suffered no damages as a result of the wrongful interference.
The district court entered a total judgment, including liquidated damages pursuant to Iowa Code section 91A.2(6), of $98,189.60 with interest against defendants.
After the verdicts, defendants filed a motion for judgment notwithstanding the verdict, see Iowa R. Civ. P. 243, in which they claimed, as a matter of law, plaintiffs failed to generate a jury question on the intentional interference with a prospective contract claim. In its motion, defendants claimed Willey failed to prove that defendants acted with a purpose to financially injure or destroy Willey. This motion was overruled and defendants filed a notice of appeal limited to the award of $30,000 to plaintiff for interference with a prospective contract with Philip Morris.
Plaintiff's intentional interference with a prospective contract claim with Philip Morris, which survived defendants' motions for directed verdict and judgment notwithstanding the verdict, is the only issue raised in defendants' appeal. Plaintiff's conversion claim, dismissed prior to trial pursuant to a summary judgment motion filed by defendants, is the only issue raised in plaintiff's cross-appeal.
The record indicates that the parties have each filed charges with the appropriate authority claiming violations of the canons of professional responsibility by the other party in actions at issue in the present case. We do not address those ethics charges in this opinion.
II. Defendants' appeal concerning plaintiff's claim of intentional interference with a prospective contract. The appeal, filed by defendants Riley and the law firm, is from the district court's order overruling defendants' motion for judgment notwithstanding the verdict in favor of plaintiff on plaintiff's claim for intentional interference with a prospective contractual relationship with Philip Morris. The intentional interference claim is rooted in two telephone calls initiated by Tom Riley, Willey's former employer, to Philip Morris, a company for which Willey formerly lobbied.
A. Additional facts. In August 1988, after Willey joined the law firm, Willey entered into a service agreement with Reese Communications Companies, Inc., to perform various services from September 1, 1988 to December 31, 1989. At that time, Reese hired Willey to be a company representative in Iowa and to manage a pilot program for Philip Morris involving grass roots lobbying efforts. [541 NW2d Page 525]
In January 1990, upon termination of his Reese lobbying contract, Willey entered into a one-year professional services agreement directly with Philip Morris to perform various federal lobbying functions for the company. Philip Morris compensated Willey $2,500 each month under the contract from January 1, 1990 to December 31, 1990.
Riley allegedly did not learn of Willey's contractual agreement with Philip Morris until after March 30, 1990, th
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