[DOWNLOAD] "Massman Construction Company v. Missouri" by Western District Court of Appeals of Missouri * eBook PDF Kindle ePub Free
eBook details
- Title: Massman Construction Company v. Missouri
- Author : Western District Court of Appeals of Missouri
- Release Date : January 01, 1997
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
After two jury trials, two appeals and a couple of remands, the courts still have not resolved the Missouri Highway and Transportation Commission's and Massman Construction Company's dispute over the amount of damages due to Massman for a breach of warranty ex contractu. The last jury to consider the case awarded $250,000 to Massman, but the circuit court granted Massman's motion to increase the verdict and increased the award to $750,000. The commission contends that the circuit court erred in granting Massman's motion. We remand with instructions that the circuit court offer the commission the choice of accepting the $750,000 award or a new trial on all issues. Massman sued the commission for damages arising out of its having to remove a rock revetment from the Missouri River. Pursuant to its contract with the commission, Massman was erecting a bridge over the river on U.S. 40 and 61 near St. Charles and Chesterfield. The revetment, not previously shown on the commission's project plans, interfered with placement of one of the bridge's piers, and the commission told Massman to remove it. In the first trial, the circuit court granted summary judgment to Massman on the issue of liability only and ordered the parties to try the issue of damages only to a jury. The jury awarded Massman $1,922,821.28. The commission appealed, and this court reversed. We ruled that because the commission had evidence that Massman knew that the revetment was at the site before construction--Massman had put it there pursuant to a contract with the U.S. Army Corps of Engineers--the circuit court erroneously granted summary judgment. We concluded that the circuit court should have permitted the jury to hear the commission's evidence. Massman Construction Company v. Missouri Highway and Transportation Commission, 835 S.W.2d 465 (Mo. App. 1992).