since Koehler was not employed by Reliable until 1984, the City has not and cannot make out any claims against him for the years 1978-1983; and (5) as to its counterclaim, Reliable seeks recovery on unpaid invoices for merchandise that was sold and delivered to the City. A. Damage issues The City seeks to recover for alleged overcharges on merchandise sold to it by Reliable, based on breach of contract, fraud and RICO theories. Each of these causes of action requires the City to prove the fact of injury. On the other hand, it is the trier of fact’s obligation to determine what calculation of damages to apply and the amount of damages can be estimated on any reasonable basis. Story Parchment Co. v. Paterson Parchment Paper Co., 282 U.S. 555, 564, 51 S.Ct. 248, 251, 75 L.Ed. 544 (1931) (<HOLDING>); U.C. Castings Co. v. Knight, 754 F.2d 1363,
holding that a defaulting party admits only to the liability of his or her portion of the damages and therefore what must be determined after the entry of default is the dollar amount of the damages suffered by the injured party and the portion of those damages to be awarded against the defaulting party based upon the extent of its percentage of negligence holding that the decision of the appellate court establishes the law of the case and it must be followed by the trial court on remand holding that the seventh amendment does require that the jury also be allowed to determine the amount of any punitive damages awarded holding that where a party establishes the fact of damage the facts and circumstances of the case can be put before the jury in order to enable them to estimate and fix the amount of damages to be awarded holding that prejudgment interest should not be added to damages awarded for misrepresentation because the amount of damages were not liquidated or ascertainable before the verdict