[Download] "Business Men's Assurance Company America" by Western District Court of Appeals of Missouri # eBook PDF Kindle ePub Free
eBook details
- Title: Business Men's Assurance Company America
- Author : Western District Court of Appeals of Missouri
- Release Date : January 08, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 85 KB
Description
Bruce Graham, as the representative of the current partners of Skidmore, Owings & Merrill, appeals from the judgment
entered on the jury verdict against Skidmore, and in favor of Business Men's Assurance Company (BMA), in the amount of $5,287,991.87.
Skidmore raises seven points on appeal arguing that the trial court erred in: A) denying Skidmore's motion for a directed
verdict on its statute of limitations defense; B) refusing to submit Skidmore's statute of limitations defense to the jury
as an affirmative defense; C) refusing to give Skidmore's comparative fault instruction; D) submitting the issue of damages
to the jury under a cost-of-repair measure of damages and refusing Skidmore's instruction on the issue of damages; E) submitting
Instructions 8, 11 and 14 to the jury on the issue of prejudgment interest; F) submitting BMA's negligence and negligence
per se claims to the jury because they were based on purely economic loss; and G) submitting BMA's negligence per se claim
to the jury because BMA failed to state a claim for negligence per se. 1 BMA cross-appeals from the trial court's refusal
to submit its punitive damages claim to the jury. After granting BMA's motion for a rehearing, this court finds that the trial court erred in failing to submit the statute
of limitations issue to the jury, in awarding BMA damages for loss of use of money and in submitting BMA's negligence per
se claim to the jury as a cause of action. This court reverses the denial of Skidmore's affirmative defense of statute of
limitations and the award of damages for BMA's loss of use of money. We affirm the remaining provisions of the judgment and
order that they be held in abeyance, pending remand for a new trial on the issue of statute of limitations only.