Defendant had participated with Mr. Byrd in preparing bids for the Summit account and had reviewed the historical cost information relating to those properties shortly before leaving his employment with plaintiff. Upon starting his own business in competition with plaintiff, defendant submitted bids to Summit and underbid plaintiff on eleven of the fourteen properties. Defendant was awarded contracts for eight of the properties. Such evidence is sufficient circumstantial evidence to sustain a finding that defendant knew of the confidential information, had the opportunity to acquire it for his own use, and did so. Although defendant testified in rebuttal that he was able to compile his bids using his own experience and without resort to the information contained in plaintiff's records, plaintiff's evidence was sufficient to be submitted to the jury on the question of whether defendant misappropriated the confidential cost records.
Defendant also contends plaintiff offered insufficient evidence to sustain the jury's damage award.
The party seeking damages has the burden of proving them. Olivetti Corp. v. As part of its burden, the party seeking damages must show that the amount of damages is based upon a standard that will allow the finder of factto calculate the amount of damages with reasonable certainty. Iron Steamer, Ltd. v. We think those principles are applicable here as well.