METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, ET AL. v. BFI WASTE SERVICES, LLC, ET AL. - Articles

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Posted by: Tanja Trezise on Mar 23, 2012

Court: TN Court of Appeals

Attorneys 1:

Linda J. Hamilton Mowles, Knoxville, Tennessee, for the appellants, BFI Waste Services, LLC and Allied Waste North America, Inc.

Attorneys 2:

Donald Capparella, Nashville, Tennessee; James L. Warren, III, Alexandra F. Markov, Jackson, Mississippi, for the appellees,

Metropolitan Government of Nashville and Davidson County and Travelers Property Casualty of America

Judge(s): HIGHERS

After Metro’s waste-to-energy facility was damaged/destroyed by fire, Metro and the facility’s insurer filed suit against Defendants. Prior to trial, Defendants’ expert was precluded from testifying regarding the facility’s value, its condition prior to the fire, and the alleged pre-fire plans to discontinue its operation. A jury returned a verdict in favor of Plaintiffs, and Defendants appeal. On appeal, Defendants challenge the exclusion of certain evidence, the jury charge regarding damages, and an adverse inference jury instruction given as a sanction against Defendants. Additionally, Plaintiffs challenge the denial of prejudgment interest. We affirm the trial court in all respects.

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