Ted Nugent Wins $100,000 Verdict

Ted Nugent Wins $100,000 Verdict

MUSKEGON, Mich., April 1 /PRNewswire/ -- After deliberating for fifteen minutes (following a five-day trial), a Muskegon, Michigan jury yesterday (March 31, 2005), awarded rock star Ted Nugent $100,000 in damages against the music festival Muskegon Summer Celebration. The breach of contract case was filed by Nugent to vindicate his reputation, which he claimed was harmed by the defendant's unjustified cancellation of his June, 2003 engagement at the festival.

During the trial, Nugent's attorneys learned that the Judge, Hon. Timothy G. Hicks, was a former law partner to Muskegon attorney Christopher Kelly, who is currently a Board Member of Muskegon Summer Celebration. Judge Hicks never disclosed the relationship to Nugent's counsel.

Nugent's attorneys argued that the former partnership between Hicks and Kelly gave "the appearance of impropriety," but were rebuffed by Judge Hicks when they sought his disqualification. Ultimately, Judge Hicks limited the amount the jury was permitted to award Nugent and they awarded him the maximum permitted by the Judge.

Outside of court, Nugent's trial attorney, Cindy Rhodes Victor, expressed her intention to appeal the Judge's refusal to disqualify himself. She also stated: "In my view, the Court's limitation on the amount of money Ted was entitled to seek is an outrage . . . the jury accepted our case but could not return an award on our other counts due to the court's decision. The damages would have been at least ten-fold had they been permitted to do so, but they had to follow the Judge's instructions."

Attorney Victor also said, "Now that the jury has found liability, we will seek additional damages through the appeals process. And, we will get them."

Nugent's attorney, Mike Novak stated: "Ted has not yet had his full day in court. The jury got it, but there never should have been a limit placed on the amount of relief sought. He will win on appeal."

As for Nugent, he left Muskegon for today's "Thank You" concert for the Marines stationed at Camp Pendleton, where he is appearing on a bill with Destiny's Child, Kiss, Godsmack and others. Ted called the verdict a "hollow victory" due to the limitation on damages and dismissal of other key parts of his case by Judge Hicks. "I'll be back," he said.

Source: Cox, Hodgman & Giarmarco, P.C.

CONTACT: Attorney Mike Novak of Cox, Hodgman & Giarmarco, P.C.,
+1-248-457-7000

Web site: http://www.chglaw.com/

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