Colaco
Colaco v. Cavotec SA
Opinion
lead Opinion
Aronson, J.
*547 Appellants *1175 Inet Airport Systems, Inc., Inet Airport Systems, LLC, 1 Michael Colaco, and April Barry appeal from the judgment entered *1176 against them in this action arising from Inet's sale of its assets to respondents Cavotec SA and Cavotec Inet US, Inc. (collectively Cavotec). Colaco was Inet's sole shareholder and its chief executive officer and Barry was Inet's director of administration. After the transaction, Colaco became Cavotec Inet US, Inc.'s president and a member of its board of directors, and Barry became the company's chief financial officer.
Following a lengthy trial, the jury awarded Cavotec $1.313 million against Inet, Colaco, and Barry, jointly and severally, based on the jury's findings that (1) Inet breached its asset purchase agreement with Cavotec by failing to forward all postclosing customer payments Inet received on Cavotec's behalf; (2) Colaco and Barry breached the fiduciary duties they owed as Cavotec officers by causing Inet to withhold customer payments and creating false and backdated invoices to conceal Inet's failure to pay; (3) Colaco's conduct breached the employment contract he entered into as Cavotec Inet US Inc.'s president; and…