Wolf v. Walt Disney Pictures and Television

Gary K. Wolf, author of the novel Who Censored Roger Rabbit?, and his company Cry Wolf!, Inc. (collectively Cry Wolf) appeal from the judgment entered after a jury awarded only limited damages in their breach of contract action alleging Walt Disney Pictures and Television (Disney) had failed to fully compensate Cry Wolf for its exploitation of the cartoon characters depicted in Wolfs novel. Cry Wolf contends the special verdict form unfairly highlighted Disneys theory of the case; the trial court erred in granting Disneys motions for non-suit and directed verdict in connection with several of Cry Wolfs claims; and the court imposed an incorrect rate of prejudgment interest. Disney (including parent company and cross-complainant Disney Enterprises, Inc.) also appeals from the judgment, contending the trial court erred by submitting legal questions to the jury, denying its motions for judgment notwithstanding the verdict and awarding costs to Cry Wolf as the prevailing party. Although we reject most of the arguments raised in Cry Wolfs appeal and Disneys cross-appeal, we reverse the judgment to the extent it is based on an erroneous interpretation of the term "Purchaser" in the parties agreements and remand the matter for further proceedings necessary to correct the impact of that error.