VICTOR COLE v. JOE CARUSO - Articles

All Content


Posted by: Landry Butler on Mar 20, 2018

Court: TN Court of Appeals

Attorneys 1:

Robert L. Moore, Memphis, Tennessee, for the appellant, Joe Caruso.

Attorneys 2:

Charles W. Weirich, Jr., Memphis, Tennessee, for the appellee, Victor Cole.

Judge(s): STAFFORD

In this unjust enrichment claim, Plaintiff/Appellee Victor Cole filed a lawsuit alleging, inter alia, a claim for unjust enrichment against Defendant/Appellant Joe Caruso. A jury determined that Mr. Cole had been unjustly enriched. Upon our review, we conclude that Mr. Cole failed to provide any evidence that Mr. Caruso was unjustly enriched, thereby failing to establish a prima facie claim. Because Mr. Cole failed to provide any evidence regarding one of the elements of unjust enrichment, the trial court erred in denying Mr. Caruso’s motion for directed verdict.

Attachments: