Gregg M. Lumetta, Plaintiff-Counter-Defendant-Appellee v. United States Robotics, Inc., Defendant-Counter-Claimant-Appellant

United States Robotics, Inc. (“Robotics”) appeals the district court’s judgment awarding $226,875 in damages to Gregg M. LuMetta (“LuMetta”) following a jury trial. Robotics contends that the jury verdict is not supported by sufficient evidence, that the district court abused its discretion in excluding expert testimony, and that the verdict must be reversed because LuMetta was not terminated in bad faith. We disagree with Robotics and affirm the district court.

FACTS

LuMetta is an intermediary between computer manufacturers and customers; he sells and services computer products. Robotics is a small manufacturer of computer modems, devices that allow long distance transmission of computer signals over telephone lines.

In the course of their dealings together, Robotics and LuMetta entered into two separate contracts. First, in 1982 LuMetta became a nonexclusive reseller of Robotics’ products. Later in 1982 the parties entered into a second, oral contract whereby Lu-Metta was to find computer manufacturers and to interest them in purchasing Robotics’ modems. At trial, all parties agreed that a contract existed; the dispute centers on whether LuMetta was to be paid a 5% commission…