LeRoy Weyant & Sons, Inc. v. Harvey

I dissent. The majority acknowledges that the burden is upon the plaintiff to prove its damages with as much certainty as the case permits; acknowledges plaintiff simply failed to adduce any evidence on an element required to compute those damages, namely, one of its cost items; and then, having enlightened plaintiff as to the requirements for proving its measure of recovery, blithely remands the cases for new trial on the damages issue.

The case which the majority cites in order to justify forsaking its proper role as adjudicator, and instead joining forces with plaintiff’s counsel, Ridenour…