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WILLEY v. RILEY12/20/1995
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requires a showing that the sole or predominant purpose of the actor's conduct was to financially injure or destroy the plaintiff. Economy Roofing & Insulating Co. v. Zumaris, 538 N.W.2d 641, 651-52 (Iowa 1995); Nesler v. Fisher & Co., 452 N.W.2d 191, 199 (Iowa 1990); Page County Appliance Ctr., Inc. v. Honeywell, Inc., 347 N.W.2d 171, 177 (Iowa 1984); Harsha v. State Sav. Bank, 346 N.W.2d 791, 799 (Iowa 1984); Farmers Coop. Elevator, Inc. v. State Bank, 236 N.W.2d 674, 679 (Iowa 1975); see II Iowa Civ. Jury Instruction 1200.8 (1990). The tort requires plaintiff to prove the following elements by a preponderance of the evidence:
1. The plaintiff had a prospective contractual relationship with a third person.
2. The defendant knew of the prospective relationship.
3. The defendant intentionally and improperly interfered with the relationship in one or more particulars.
4. The interference caused either the third party not to enter into or to continue the relationship or that the interference prevented the plaintiff from entering into or continuing the relationship.
5. The amount of damage.
Nesler, 452 N.W.2d at 198-99. If a defendant acts for two or more purposes, his improper purpose must predominate in order to create liability. Harsha, 346 N.W.2d at 799. The substantial evidence rule in Iowa requires that the circumstances have "`sufficient probative force to constitute the basis for a legal inference, and not for mere speculation.'" Id. at 800 (quoting 32A C.J.S. Evidence ยง 1039, at 753-54 (1964)). "Circumstances are not sufficient when the conclusion in question is based on surmise, speculation or conjecture." Id.
After examining the record in the present case, we conclude plaintiff has presented no evidence that Riley's two telephone calls were made for the sole or predominant purpose to financially injure or destroy the plaintiff. Rather than presenting evidence on the issue of intent, plaintiff speculates that Riley made the telephone calls to Philip Morris due to hard feelings between himself and Riley rooted in Willey's decision to resign from Riley's law firm and Willey's filing of a lawsuit against the law firm. Speculation, however, is not evidence and a case should not be submitted to a jury for deliberation when no evidence has been presented. See Harsha, 346 N.W.2d at 800.
We find, as a matter of law, no inference can be drawn to support plaintiff's interference with a prospective contract claim from the fact that Riley made two telephone calls to Wilson, one of which was made after Willey filed a lawsuit against Riley and his law firm. The evidence showed Riley telephoned Philip Morris for one purpose: to inquire into the nature and extent of the relationship between the company and one of his former employees. We find this purpose was legitimate especially in light of the fact Willey, as an associate attorney of Riley's law firm, was presumably not permitted to personally accept fees from clients without accounting for such fees to the law firm. Wilson had become a potential witness in the pending fee dispute between Willey and the defendants. Also, defendant law firm would be responsible and possibly liable for Willey's work done for Philip Morris while an associate of the defendant law firm.
Furthermore, if Philip Morris chose to terminate Willey's lobbying contract after Riley telephoned the company or after learning of Willey's legal dispute with Riley, that was Philip Morris' choice and the termination of the lobbying contract was merely incidental to Riley's legitimate inquiries to Philip Morris regarding his associate's dealings with the company.
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