Reasonably Certain

In CTR Incident Management Specialists, LLC v. Jet Stream Trucking, Inc., the Fifth Court a lost-profits award in favor of a Dallas-area towing and recovery business.

The dispute arose out of a falling-out between the towing company’s owners and a new entrant whose entities, the court found, drew away the established company’s customer relationships.

On the one hand, Appellants argued that “[Plaintiff] did not calculate lost profits but instead provided the jury with a list of assets and expenses and characterized his calculations as a ‘quick draw; or ‘estimates.'” Accordingly, they contended, “there  nothing in the record that substantiates the amount testified to by Saleh or the amount awarded by the jury, which was different than the amount appellees sought.”

On the other hand: “Appellees respond that the evidence showed Kyle continued to operate the business and retained all of the profits for himself instead of buying out his partners’ interest in the business.” Therefore, argued Appellees, “the jury properly found that the new company—CTR 2—was merely doing business as the old company and, thus, appellees were entitled to their share of profits from the new business. Appellees contend they established CTR 2’s profits through appellants’ business records and established Saleh and Ghazi were entitled to seventy-five percent of those profits.” No. 05-24-01047-CV (June 5, 2026).