Kraemer Bros. v. Prepakt Concrete Co.

DECISION and ORDER

MYRON L. GORDON, District Judge.

This action arose out of the collapse of a retaining wall constructed by the defendant Prepakt Concrete Company (Prepakt) for the plaintiff Kraemer Bros., Inc. (Kraemer). The plaintiff’s claim for damages was tried to a jury on the theory of negligence, and the defendant’s counterclaim was tried on the basis of substantial performance of its construction contract with the plaintiff. The jury found the plaintiff 75% negligent, found the defendant 25% causally negligent, and found that the defendant had substantially performed its contract…