A&E requests another day in court with Davis
Television network A&E is blaming misplaced sympathy for a South Carolina jury's recent multimillion-dollar ruling in favor of local real estate investor Richard Davis and is seeking another day in court.
A jury awarded Davis and his James Island-based Trademark Properties more than $4 million in damages in a breach of contract trial last month. Davis said he and the network had an oral agreement to split the profits from the reality TV show "Flip This House," which chronicled his business as it bought and sold real estate.
A&E filed a request last week for a judgment in its favor or for a new trial. It said Davis based his argument on one telephone call with A&E representative Charles Norlander, without documentation or witnesses.
"The jury can only have acted out of a misplaced sense that Mr. Davis deserved to be paid, but sympathy verdicts have no place in a contract case," attorneys for the network wrote.
Davis acknowledged during the trial that he never discussed with Norlander how they would treat revenue from existing A&E advertisers, which would determine "how much the deal was or could be worth," according to court documents filed Nov. 26.
It also suggested that even if a profit-sharing agreement existed, it was not enforceable.
When Davis severed ties with A&E and signed on with competing network Discovery Communications, A&E noted that he signed paperwork saying he had no agreement with A&E.
"In defiance of the evidence, the law and common sense, the jury awarded millions in damages based on a supposed 'agreement' that Plaintiffs plainly failed to prove," the network said in its motion.
In closing arguments, Davis' attorney said his client deserved $7.5 million in damages, or a 50-50 split of three seasons of "Flip This House," plus international sales.
The jury awarded Davis half the net profits from the first season, the only one featuring him and his business. It also awarded him more than $100,000 in international revenue.
Attorneys for both parties either would not comment or did not return phone calls Monday. Davis declined to comment.
Reach Allyson Bird at 937-5594 or abird@postandcourier.com.
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