Duracote Corp. v. Goodyear Tire & Rubber Co.

Goodyear appeals to this court and questions the propriety of the remittitur ordered by the court of appeals. Duracote cross-appeals, challenging the holdings of the court of appeals regarding interest and “lost profits” and that court’s striking of Duracote’s cross-assignments of error. We consider the issues of interest and “lost profits” first.

I

Duracote contends that its interest and “lost profits” are consequential damages. Professors White and Summers have observed that U.C.C. 2-715(2), which the General Assembly enacted as R.C. 1302.89(B), “imposes *162two restrictions on the recovery of…