All roads lead to the $2 million loan.
April 14, 2025A “one-satisfaction” rule required reversal in Dorvil v. Mason, when all roads led to the same $2 million in damages:
It is apparent from record before us, including the pleadings, the evidence admitted at trial and the closing argument of the Masons’ attorney, that the Masons sought to recover as actual damages on each of the causes of action asserted the $2 million dollars they loaned to Agile. The jury awarded the Masons $2 million dollars in actual damages on each of their direct claims against Dorvil, except their negligent misrepresentation claim, for which actual damages were not awarded. In keeping with the trial court’s order granting partial default judgment against Agile, the final judgment awarded the Masons breach of contract damages of $2 million against Agile and, additionally, held Dorvil jointly and severally liable for same. In addition, the judgment awarded the Masons damages of $2 million dollars on their direct claims against Dorvil. As a result, the final judgment in effect awarded the Masons actual damages against Dorvil in the amount of $4 million, resulting in an improper double recovery.
No. 05-23-01020-CV (April 10, 2025) (mem. op.) (emphasis added).