Pombriant v. Blue Cross/Blue Shield of Maine

CLIFFORD, Justice,

concurring in part and dissenting in part.

I agree with the court that the evidence of Blue Cross’s tortious interference with Pombriant’s contractual relationship with Bennett Industries is sufficient to allow the jury’s award of compensatory and punitive damages for that injury to remain undisturbed. I would, however, vacate the jury’s $100,000 damage award for Blue Cross’s breach of its contract with Pombri-ant. I agree with Justice Hornby that there was no evidence of any damages suffered by Pombriant from that breach of contract other than the loss of business with Bennett, which the jury found to be $12,371.63. Because the additional $100,-000 contract damage award constitutes an impermissible double recovery, see Theriault v. Swan, 558 A.2d 369, 372 (Me.1989), I would vacate the judgment and grant Blue Cross a new trial unless Pombriant remits all damages in excess of $262,-371.63.