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· 2/26/2024

Universal Steel Bldgs. Corp. v. Dues

Citations

  • 237 N.E.3d 274
  • 2024 Ohio 698

Syllabus

JUDGMENT NOTWITHSTANDING THE VERDICT DIRECTED VERDICT DEPOSITION TESTIMONY CIV.R. 32 MOTION FOR JURY TRIAL CIVIL MANIFEST WEIGHT OF THE EVIDENCE ATTORNEY FEES BREACH OF CONTRACT TORTIOUS INTERFERENCE WITH A CONTRACT PUNITIVE DAMAGES. The trial court erred by granting plaintiff-appellee/cross-appellant's motion for judgment notwithstanding the verdict as to defendant-appellant/cross-appellee's counterclaim for tortious interference with a contract and erred by denying defendant-appellant/cross-appellee's motion for judgment notwithstanding the verdict as to plaintiff-appellee/cross-appellant's breach-of-contract claim. The trial court erred by granting plaintiff-appellee/cross-appellant's motion for directed verdict as to defendant-appellant/cross-appellee's counterclaim for punitive damages. Even assuming without deciding that it satisfied the circumstances which must be met under Civ.R. 32(A)(3), plaintiff-appellee/cross-appellant was not materially prejudiced by the exclusion of deposition testimonies at trial. The trial court did not abuse its discretion by granting defendant-appellant/cross-appellee's motion for a jury trial. The jury's verdict as to defendant-appellant/cross-appellee's breach-of-contract counterclaim is not against the manifest weight of the evidence. The trial court did not abuse its discretion by denying plaintiff-appellee/cross-appellant's request for attorney fees.

Judges: Zimmerman

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