S-20-0416 McGill Restoration, Inc. v. Lion Place Condominium Association (Appellant)
Douglas County District Court, Hon. Peter C. Bataillion
Attorneys: Theodore R. Boecker (Attorney for Appellant); Jodie Haferbier McGill (McGill Law, for Appellee)
Civil: Breach of contract; Quantum meruit
Proceedings below: After a bench trial, the district court entered judgment in favor of Appellee for $25,000 plus prejudgment interest and attorney fees.
Issues on Appeal: Whether the district court erred in 1) excluding witnesses and sustaining a motion in limine as to certain fact and expert witnesses; 2) concluding expert testimony was necessary to rebut Appellee’s claim; 3) denying the admission of Exhibit 34 and preventing trial counsel from making inquiries about the exhibit; 4) entering judgment in the amount of $25,000; 5) awarding prejudgment interest at a rate of 12 % per year commencing November 1, 2009; 6) finding the defense asserted by Appellant was frivolous and awarding attorney fees; and 7) denying a jury trial.