Finn v. Project Resource Solutions, LLC
2024 IL App (1st) 221016
Ill. App. Ct.2024Background
- Brian D. Finn, formerly employed by Project Resource Solutions, LLC (PRS), was terminated and then started his own company, North American Install (NAI), allegedly recruiting PRS clients and an employee.
- Finn sued PRS and Iven Rosheim for defamation per se and for unpaid compensation under the Illinois Wage Payment and Collection Act (Wage Act), later seeking damages based on unjust enrichment/quantum meruit as well.
- After a bifurcated trial (jury for defamation, bench for wage/unjust enrichment), Finn won a $235,000 jury verdict for defamation and a $23,483.09 judgment for quantum meruit; his Wage Act claim was denied.
- PRS and Rosheim appealed, arguing errors in jury instructions on defamation and improper awarding of quantum meruit damages on an unpleaded claim.
- The Appellate Court considered whether Finn was entitled to quantum meruit relief without ever pleading it and whether defendants preserved their challenge to jury instructions regarding privilege in defamation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether jury instruction error on qualified privilege in defamation per se warranted overturning the verdict | Defendants forfeited this issue by failing to object to final instructions | Defendants raised sufficient pretrial objections to preserve the issue | Defendants forfeited the issue; no relief granted |
| Whether the court could enter judgment for Finn on quantum meruit, which he never pleaded | Relief proper since his services economically benefited PRS despite failed Wage Act claim | Judgment cannot be granted on an unpleaded theory; notice and opportunity to defend required | Relief reversed; cannot recover on an unpleaded quantum meruit theory |
Key Cases Cited
- Broberg v. Mann, 66 Ill. App. 2d 134 (Plaintiff must recover only on pleaded causes of action)
- Wheeler Financial, Inc. v. Law Bulletin Pub. Co., 2018 IL App (1st) 171495 (No recovery on unpleaded claim)
- In re Estate of Bontkowski, 337 Ill. App. 3d 72 (Court erred granting relief on unpleaded theories)
- Pagano v. Occidental Chemical Corp., 257 Ill. App. 3d 905 (Plaintiff's claims limited to those pleaded; evidence cannot support unpleaded theories)
- Green v. Rogers, 234 Ill. 2d 478 (Defamation per se categories in Illinois law)
- Kuwik v. Starmark Star Marketing & Administration, Inc., 156 Ill. 2d 16 (Qualified privilege in defamation)
- Dent v. Constellation NewEnergy, Inc., 2022 IL 126795 (Malice standard once privilege established in defamation)