B-Star, Inc. v. Polyone Corp.

Summary

The Supreme Court of Oklahoma affirmed a jury judgment awarding B-Star, Inc. $1,222,591 against PolyOne Corporation for business losses arising from unauthorized changes to a proprietary rubber-compound formula. The court held that competent evidence supported the verdict and damages, and found no reversible error in the exclusion of testimony, jury instructions, or other trial proceedings. The court vacated the Court of Civil Appeals’ remittitur-or-new-trial order and affirmed the trial court’s judgment.

Holdings

1. The verdict and $1,222,591 damages award were supported by competent evidence and were not excessive because the award fell within the evidentiary range of damages.
2. Polyone could not obtain appellate relief based on damages evidence or the video deposition because it did not timely object or present a reviewable record demonstrating preserved error.
3. Because Polyone failed to preserve its objections to the jury instructions, the court reviewed only for fundamental error and found none.
4. The trial court did not abuse its discretion by excluding the testimony until Polyone laid a proper foundation showing relevant similarities between Tulsa Rubber Company and B-Star and between their production methods.

Questions Presented

1. Whether the jury's damage award was excessive or included damages not authorized by law.
2. Whether the jury verdict was supported by competent evidence and was not contrary to law.
3. Whether the trial court improperly excluded testimony offered by Polyone.
4. Whether Polyone preserved its objections to the jury instructions and, if not, whether the instructions contained fundamental error.
5. Whether objections to a video deposition and related exhibits were preserved for appellate review.

Disposition

vacated