Department of Transportation v. Shelkeith, Inc.

Shulman, Judge.

The sole issue in this condemnation case is whether or not the trial court erred in granting a new trial on the issue of additional damages as cost of litigation and attorney fees. In a bifurcated verdict, the jury found for the condemnee in a sum considerably in excess of the prelitigation offer of the condemnor, but then found, "We the jury do not recommend additional damages as cost of litigation.” The trial judge granted a new trial based on the ground that the verdict regarding litigation costs was contrary to law and justice. The court ruled that because the jury award as…