Opening StatementOpening Statement

Maglica v. MaglicaMaglica v. Maglica

Plaintiff’s CasePlaintiff’s Case

Reason For LawsuitReason For Lawsuit

Recovery of damages from Tony Recovery of damages from Tony Maglica for breach of contractMaglica for breach of contract

Claire Maglica’s work and Claire Maglica’s work and contributions to the company were contributions to the company were based on the promises of Tony based on the promises of Tony Maglica.Maglica.

Undisputed Fact of the CaseUndisputed Fact of the Case

May 14 is the date celebrated each May 14 is the date celebrated each year as Tony and Claire’s wedding year as Tony and Claire’s wedding anniversary.anniversary.

Claire played an important role in the Claire played an important role in the business; decisions were made by her business; decisions were made by her and she was the eyes and ears for Tony and she was the eyes and ears for Tony Maglica is regards to the business.Maglica is regards to the business.

Claire made significant contributions to Claire made significant contributions to the companythe company

Clair Maglica TestimonyClair Maglica Testimony

What happened two months after May 14, What happened two months after May 14, 1971?1971?

We had been talking about a marriage, we We had been talking about a marriage, we both know we weren’t divorced, he said he both know we weren’t divorced, he said he doesn’t want to let me go, no other of our doesn’t want to let me go, no other of our marriages were in the eyes of God, but this one marriages were in the eyes of God, but this one would be performed in a church. We stopped at would be performed in a church. We stopped at Tiffany and he bought me the wedding band I Tiffany and he bought me the wedding band I wear to this day. We walked down St. Patrick’s wear to this day. We walked down St. Patrick’s Cathedral we walked down the side altar we Cathedral we walked down the side altar we knelt down and exchanged vows.knelt down and exchanged vows.

Other EvidenceOther Evidence

Signed separate property agreement Signed separate property agreement (which misspelled Claire’s name)(which misspelled Claire’s name)

Son’s Financial Aid FormSon’s Financial Aid Form Company expense billsCompany expense bills Detailed testimony on how business Detailed testimony on how business

was conducted by Claire and the role was conducted by Claire and the role she played in the businessshe played in the business

Other EvidenceOther Evidence

Payment records for Claire’s Payment records for Claire’s contribution to the companycontribution to the company

Records of Claire’s job description-Records of Claire’s job description-including her responsibilities.including her responsibilities.

Testimony of Claire’s family that was Testimony of Claire’s family that was at the ceremony when vows were at the ceremony when vows were given.given.

Tony Maglica TestimonyTony Maglica Testimony

What was Claire’s role at Mag What was Claire’s role at Mag Instrument?Instrument?

She (Claire) is a person I could trust She (Claire) is a person I could trust that I felt I would spend the rest of that I felt I would spend the rest of my life with. Someone I could relate my life with. Someone I could relate everything, I felt she will be a person everything, I felt she will be a person who would tell me exactly what who would tell me exactly what happened through the company.happened through the company.

ConclusionConclusion

Claire Maglica is entitled to half of the Claire Maglica is entitled to half of the companies earnings because even though companies earnings because even though there was a signed separate property there was a signed separate property agreement, they were still married before agreement, they were still married before God and each other. Claire made sure to God and each other. Claire made sure to fulfill her promises and when she worked for fulfill her promises and when she worked for Tony he relied on her every step of the way. Tony he relied on her every step of the way. Claire also tried very hard to make sure the Claire also tried very hard to make sure the company was profitable and efficient by company was profitable and efficient by being present with most important meeting.being present with most important meeting.

Tony MaglicaTony Maglica

Tony has no Tony has no problem relying on problem relying on his wife’s hard work his wife’s hard work for the company for the company and accepting all and accepting all the profits. the profits.

Tony doesn’t care Tony doesn’t care what he has to do what he has to do to not follow to not follow through with the through with the promises he made promises he made to Claire.to Claire.

This photo was taken to help Illustrate the hard work it takesTo be a successful business owner.

Maglica TimelineMaglica Timeline

1971 1972 1973 1974 1975 1976 1980 1990 1991 1992 1993Claire and Tony decide

they want to be

together and express

their love physically

May 14, 1971

Lawsuit for

distribution of

the interest of

company

Event 3 Tony and Claire make vows

to each other to share

everything (profits and

losses) as partners.

J uly 14, 1971- 2 months later

Maglica Timeline

Claire works hard for the

company and is the eyes

and ears for Tony Maglica

Tony is secretly giv ing

stock to his children