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ACS Investors10/31/1995
ACS Investors, Inc. (ACS), Affiliated Computer Services, Inc.
(ACSFS), TransFirst Corporation (TransFirst), Darwin Deason, and J. Livingston Kosberg appeal a jury verdict in favor of Thomas McLaughlin and John Lazovich on claims of tortious interference with a contract and conspiracy to tortiously interfere with a contract. The jury awarded McLaughlin and Lazovich $3,000,000 in actual damages, $1,500,000 in exemplary damages, and prejudgment interest from the date of interference in excess of $1,500,000. Appellants contend on appeal that: (A) the evidence was legally and factually insufficient to establish the existence of the contract rights with which they allegedly interfered; (B) the evidence was legally and factually insufficient to establish that they performed any intentional act of interference; (C) the evidence was legally and factually insufficient to establish that they performed any act of interference; (D) the trial court erred in entering judgement on the verdict because the evidence established as a matter of law that they were justified in entering into their contract; (E) the evidence was legally and factually insufficient to establish that any act of interference proximately caused the damages awarded to McLaughlin and Lazovich; (F) the evidence was legally and factually insufficient to establish McLaughlin and Lazovich incurred $3,000,000 in actual damages; (G) the trial court erred by improperly instructing the jury about the intent required to find tortious interference; (H) the trial court erred by entering judgement on the award of prejudgment interest for a period of over three years before McLaughlin and Lazovich could have sustained any injury; and (I) the trial court erred by applying prejudgment interest at a rate of 10% compounded daily. Appellants ACS, ACSFS, TransFirst, and Deason also contend that the evidence was legally and factually insufficient to establish they acted with sufficient actual malice to support an award of exemplary damages.
Appellant Kosberg additionally maintains that the trial court erred in denying his motion for judgement notwithstanding the verdict and his motion for new trial, and in rendering judgement for the plaintiffs for tortious interference because: (a) the verdict will not support a judgment for tortious interference against him; (b) jury question number one was legally incorrect and deficient; (c) the jury instruction relating to question number one was legally deficient and incomplete; (d) the trial court erred in refusing to submit either the question and instruction proposed by appellants or those proposed by appellees; (e) the same errors in question number one and its related instruction exist in question number two; (f) no evidence exists that he intentionally interfered with appellees' contract; (g) because no evidence exists that he intentionally interfered with appellees' contract, he cannot be liable as a conspirator as a matter of law; (h) no evidence exists that his action or inaction caused any tortious interference with appellees' contract; and (i) the uncontroverted evidence shows that he, as an officer, acted in his company's best interests, and thus he is immune from liability for tortious interference with a contract as a matter of law. For the following reasons, we affirm the trial court's judgment.
FACTS AND PROCEDURAL HISTORY
A. AMS II
In 1986, McLaughlin and Lazovich were partners in Automated Management Services II (AMS II). McLaughlin and Lazovich formed AMS II to create and manage systems to authorize and distribute government benefits. Over the years, the general concept for such a system has become known in the industry as Electronic Benefit Transfer (E
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