History
  • No items yet
midpage
Kangrga v. Gjorev
2017 MT 240N
| Mont. | 2017
Read the full case

Background

  • In November 2009 Milan Kangrga and Blazo Gjorev each acquired 50% of four "Palmer" business entities that were financially troubled.
  • On April 26, 2011 Gjorev signed a written agreement to purchase Kangrga’s 50% interest for $1,000,000; contract barred transfer of shares until full payment. Last payment by Gjorev was Feb. 28, 2014; unpaid principal was $595,000 by March 2014.
  • On March 31, 2014 Gjorev sold a controlling interest in the Palmer entities to Transportation Equipment Corporation (TEC); funds were put into the business; Kangrga did not know of the sale at the time.
  • Kangrga sued Gjorev and TEC (filed Aug. 25, 2014) asserting eight claims; four at issue on appeal: tortious interference with business opportunity, breach of contract, civil conspiracy, and intentional interference with contractual/business relations.
  • District Court granted summary judgment for breach of contract (liability) but left damages to the jury; at trial (July 14, 2016) the jury found for Gjorev and TEC on all claims and awarded no damages to Kangrga; a punitive award to Gjorev was later waived.
  • On appeal Kangrga argued the jury verdict lacked substantial credible evidence; the Montana Supreme Court affirmed, concluding the record contained sufficient evidence supporting the jury’s credibility determinations and verdict.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Breach of contract — damages Kangrga contended the jury should have awarded contract damages after court found breach. Gjorev/TEC argued Kangrga failed to prove contract damages to the jury’s satisfaction. Court: Affirmed jury — liability noted by summary judgment but Kangrga failed to prove damages; jury awarded none.
Tortious/intentional interference Kangrga argued defendants unlawfully interfered with his business/contractual relations. Defendants argued their actions were lawful/justified and offered evidence to rebut interference claims. Court: Affirmed — jury credited defendants; evidence was substantial and credible.
Civil conspiracy Kangrga claimed concerted unlawful action between Gjorev and TEC. Defendants denied unlawful concerted action and presented contrary evidence. Court: Affirmed — jury found against Kangrga; record supports credibility findings favoring defendants.
Sufficiency of evidence / standard of review Kangrga argued the verdict was unsupported by substantial credible evidence. Defendants urged deference to jury’s credibility determinations and proper application of the substantial‑credible‑evidence standard. Court: Affirmed — applied substantial credible evidence standard, viewing facts favorably to prevailing parties; jury verdict sustained.

Key Cases Cited

  • Hansen v. Hansen, 835 P.2d 748 (1992) (standard for viewing evidence in support of a jury verdict)
  • D.R. Four Beat Alliance, LLC v. Sierra Prod. Co., 218 P.3d 827 (2009) (definition of substantial credible evidence)
  • Campbell v. Canty, 969 P.2d 268 (1998) (appellate court does not reweigh jury credibility determinations)
  • Wise v. Ford Motor Co., 943 P.2d 1310 (1997) (jurors determine weight and credibility of conflicting evidence)
Read the full case

Case Details

Case Name: Kangrga v. Gjorev
Court Name: Montana Supreme Court
Date Published: Sep 26, 2017
Citation: 2017 MT 240N
Docket Number: 16-0648
Court Abbreviation: Mont.