Modic v. Modic

Porter, Judge.

Defendant-appellant Robert Modic appeals from a jury verdict of $100,000 in favor of plaintiff-appellee William Modic, his father, arising out of their common ownership of certain business and property. Defendant claims the court erred in dismissing his counterclaim; in not allowing an offset of the father’s damages; in failing to dismiss plaintiffs damage claims for lack of proof; and in failing to join a proper party. For the reasons hereinafter stated, we modify and affirm on condition.

STATEMENT OF FACTS

The father and son each owned a fifty-percent interest in a business…