Directed Verdict Obtained for Surety Client on Construction Defect Claim
Baker Sterchi successfully defended Old Republic Surety, Inc. in a five-day jury trial involving a breach of contract regarding the construction of running track at a local high school. At the close of plaintiff's evidence, the District Court granted Old Republic's motion for directed verdict and entered judgment in favor of Old Republic. The lawsuit involved the School District's claim that the track was unusable due to numerous defectives and brought suit against the contractor and the surety for monetary damages. Old Republic was able to establish that the problems with the track were related to the design of the track, for which it did not have any responsibility, rather than defects in the construction. Additionally, Old Republic argued that the claims should be dismissed as a result of spoliation of evidence.