A Volvo truck franchisee is urging a federal appeals court to uphold a jury award of $6.5 million in a breach-of-contract lawsuit against Volvo Trucks North America.
The 7th U.S. Circuit Court of Appeals in Chicago is hearing the appeal of the lawsuit, filed in 2012.
The dispute is over a 2010 contract between the Andy Mohr Truck Center in Indianapolis and Volvo Trucks, according to the court documents.
In 2012, Volvo Trucks filed two lawsuits against Andy Mohr, the dealership’s owner, over breach of contract claims. Volvo said Mohr hadn’t fulfilled his promise to “move into a new facility” and that his franchise failed to meet its sales goals. A federal judge dismissed the lawsuits a few months later.
Mohr countersued, alleging Volvo Trucks intentionally lowballed price concessions causing the dealership to lose out on about 1,300 truck sales from 2010 to 2012 because it didn’t receive the same discounts as rival Volvo dealerships.
Mohr also alleged that Volvo Trucks had promised to award the business a Mack Truck franchise. Volvo owns the Mack brand. Volvo Trucks claimed there was “no enforceable agreement.”
Mohr won the lawsuit in U.S. District Court in Indianapolis, Ind., in August 2015, after a jury found Volvo Trucks violated the Indiana Deceptive Franchise Practices Act for price discrimination. U.S. District Court Judge William T. Lawrence presided over the case.
Mohr continued to sell Volvo trucks as the case has made its way through the court system.