A federal court in South Dakota recently denied a motion to exclude a truck dealer’s expert testimony in a dispute over lost profits resulting from the termination of a distributor agreement. The defendants, a manufacturer and a trailer sales company, moved to exclude the testimony of an expert the plaintiff dealer had retained to testify as to its lost profits resulting from the termination.
Dealer filed a lawsuit alleging multiple causes of action, including breach of contract, breach of good faith and fair dealing, and tortious interference with a business relationship. Manufacturer entered into a written distributor agreement with Dealer in 2012, granting Dealer the right to franchise and distribute Manufacturer product throughout western South Dakota and parts of Nebraska. A new contract term would renew yearly on January 1, unless either party modified or non-renewed the current agreement.