Murphy v. City of Springfield

SHRUM, Judge.

Defendant City of Springfield (City) appeals from a judgment, following jury trial, in favor of plaintiff for $88,950.40. The City presents six points alleging trial error. Twice, this case has been before this court. Detailed background facts are found in the earlier opinions. 1

Plaintiff had no contract with the City but was a subcontractor who constructed 28 straight shaft foundation caissons for the City on which piers to support a viaduct were to be placed. Plaintiff claimed to have based its bid to general contractor Ted Wilkerson, Inc., on subsurface information shown on a…