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Technical Construction Specialties v. Steve C. Cooper

October 13, 2011

TECHNICAL CONSTRUCTION SPECIALTIES PLAINTIFF-APPELLANT
v.
STEVE C. COOPER, ET AL. DEFENDANTS-APPELLEES



Civil Appeal from the Cuyahoga County Common Pleas Court Case No. CV-676571

The opinion of the court was delivered by: Patricia Ann Blackmon, P.J.:

Cite as Technical Constr. Specialties v. Cooper,

JOURNAL ENTRY AND OPINION

JUDGMENT:

AFFIRMED

BEFORE: Blackmon, P.J., Stewart, J., and Boyle, J.

{¶1} Appellant Technical Construction Specialties ("TCS") appeals the jury's verdict awarding $14,876.45 in damages in its favor, arguing the award is inadequate. TCS assigns the following errors for our review:

"I. The verdict awarding $14,876.45 in damages to TCS was against the manifest weight of the evidence, and that portion of the verdict must be reversed."

"II. The trial court abused its discretion when it denied TCS's motion for a new trial as to the amount of damages the jury awarded."

"III. The trial court abused its discretion when it denied TCS's motion for a judgment notwithstanding the verdict as to damages."

{¶2} Having reviewed the record and pertinent law, we affirm the award of damages. The apposite facts follow.

Facts

{¶3} In August 2004, Entertainment USA, d.b.a. Christie's Cabaret, ("Entertainment") decided to renovate its nightclub located in Cleveland's flats.

{ΒΆ4} The new design eliminated the support beams inside the club, requiring the building to be supported by exterior pillars. Entertainment retained Summit Testing ("Summit") to analyze the soil around the club and sought ...


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