Willesen v. Ernest Communications, Inc.

Branch, Judge.

Marvin G. Willesen, d/b/a 2W Communications (“2W”) filed suit against Ernest Communications, Inc. (“ECI”) for commissions allegedly due under a contract between the parties. 2W now appeals from orders granting ECI’s motion for a directed verdict and denying 2W’s motion for a new trial. Specifically, 2W contends that the trial court erred in finding (i) that the contract’s exculpatory clause barred 2W’s claim for payment of its earned commissions and (ii) that 2W had failed to prove its damages. We agree and therefore reverse the trial court’s orders.

The record shows that ECI is…