Weak Rebuttal Gives Plaintiff Large Damages Award

Business Valuation UpdateVol. 3 No. 3
Legal and Court Case Update
March 1997
3537 Industrial Trucks, Tractors, Trailers, and Stackers
333924 Industrial Truck, Tractor, Trailer, and Stacker Machinery Manufacturing
lost profits, empirical evidence

TO-AM Equipment v. Mitsubishi Caterpillar Forklift America
953 F. Supp. 987, 1997 U.S. Dist. LEXIS 641
January 24, 1997
Federal Court
United States District Court
Fred Lieber (for plaintiff), Seth Palatnik (for defendant)


The case involved two issues: (1) Was TO-AM a franchise under Illinois law? (2) If so, how much was it entitled to for damages related to terminating its franchise to distribute to distribute forklift trucks?

See Also

TO-AM Equipment v. Mitsubishi Caterpillar Forklift America

At issue is calculation of damages representing the profits the plaintiff company could have earned had it remained a Mitsubishi dealer indefinitely with the defendant company.