(DOWNLOAD) "Benjamin P. Lawrence v. Will Darrah" by Supreme Court of Minnesota # eBook PDF Kindle ePub Free
eBook details
- Title: Benjamin P. Lawrence v. Will Darrah
- Author : Supreme Court of Minnesota
- Release Date : January 19, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
The present action involves a suit by plaintiff, Benjamin P. Lawrence, filed against defendants, Will Darrah & Associates, Inc., and Lucy Jane Barker, to collect monies recoverable under an insurance policy and for consequential damages in the form of lost profits caused by defendants failure to timely pay plaintiffs claim. The plaintiff obtained a $70,800 judgment in the trial court and the defendants appealed. The Court of Appeals reversed in part, holding that the trial court erred in denying the defendants motion for a directed verdict because there was insufficient evidence "to create a factual issue regarding whether lost profits were foreseeable when the policy was issued." 194 Mich App 635; 487 NW2d 820 (1992). The plaintiff appealed. We granted leave to decide "whether the Court of Appeals erred in reversing the jury award for lost profits." 442 Mich 938 (1993). Under the circumstances of this case the trial court did not err in denying the defendants motion for a directed verdict. We reverse the decision of the Court of Appeals and remand the case to the circuit court for a recalculation of the interest due.
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