Tedd Bish Farm, Inc. v. Southwest Fencing Services, L.L.C.

Case Number(s)
S-14-0915
Case Audio
Call Date
Court Number
Hamilton
Case Summary

S-14-0915, Tedd Bish Farm, Inc. (Appellant) v. Southwest Fencing Services, L.L.C.

Hamilton County, Judge Rachel A. Daugherty

Attorneys: Scott Pauley (Conway, Pauley & Johnson) (Appellant) ' Matthew Reilly (Erickson, Sederstrom)

Civil: Negligence Action

Proceedings Below: The district court affirmed the county court's order of partial summary judgment on the issue of mitigation of damages for the alleged crop damage (after a final judgment on general damages).

Issues: 1. The district court erred as a matter of law by affirming the trial court's order granting summary judgment for the Appellee on the issue of mitigation of damages and not remanding it for determination by fact finder. 2. The district court erred in not remanding case to the trial court to determine loss of use damages.