CITY OF CLEVELAND V. PETER KIEWIT SONS' CO.
624 F.2d 749 (6th Cir. 1980)
NATURE OF THE CASE: This was a dispute over a collapsed dock.
FACTS: Dock 34 was built in 1908. It had deteriorated from lack of repair. Peter Kiewit
Sons' Co. (D) made a contract in 1973 to use the dock for an Army Corp of Engineer project
it was involved with. D used the dock to off-load slag. This was done from August 1 to
October 6 in 1973. On October 24, 1973 after D had vacated the dock, it collapsed. The City
of Cleveland (P) filed suit on three separate grounds seeking to impose liability on D for
the collapse of the dock. A general verdict was returned in P's favor for $350,000. D filed
a motion for a judgment notwithstanding the verdict or in the alternative for a new trial
alleging misconduct by P for the introduction of liability insurance and D's financial
resources. A remittitur of $175,000 was ordered or a new trial would be granted in 30 days.
A new trial was ordered on damages when P refused the remittitur. During trial, P made off
hand comments regarding the size of D and its contracts with the Army Corp of Engineers and
the insurance policies required for D's use of the dock. These comments and objections were
interposed a number of times during the entire trial despite repeated admonitions from the
trial judge.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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