Arrow Concrete Co. v. Sheppard

Harsha, Presiding Judge.

Plaintiffs, Arrow Concrete Company and Arrow Industries Corporation (“Arrow”), appeal the trial court’s decision awarding damages to defendant Jason Sheppard for injury caused to his building. Arrow alleges the following assignments of error:

“I. Whether the trial court erred by using damages based upon contract in a tort action.

“II. Whether the award of damages in the amount of $17,464.00 was excessive where testimony indicated Defendant had incurred actual damages in a lesser amount.

“III. Whether the trial court erred in bifurcating the issue of liability and damages…