Dodge files responses in BDR case

By Bob Pockrass

Monday, March 27, 2006

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Dodge has filed its responses to Bill Davis Racing's motions that ask a federal judge to reconsider a $6.5 million jury verdict levied in February against the race team.

Dodge asks the judge not to change the verdict or grant BDR a new trial in the case, where the jury found the team guilty of giving confidential Dodge information to Toyota while building Toyota products for the Craftsman Truck Series. In May 2003, Dodge terminated its six-year, $18.425-million contract with BDR signed in 2000 and filed suit against the race team.

Dodge also indicates that it will ask BDR for attorneys' fees for the trial, which could raise the total amount due to the manufacturer.

BDR contends the verdict should be overturned for what it terms improper jury instructions and issues dealing with the way Dodge compiled its amount of damages. Dodge says the jury instructions were valid and that it compiled the amount of damages fairly.

"BDR's issues in its motion for new trial are frivolous, improper and in bad faith," the Dodge brief states.

Judge George Caram Steeh has not indicated when he would rule on the motions. If BDR loses, the team has said it would take the case to the U.S. Court of Appeals.