Carter v. Coalfield Lumber Company, Inc.

OPINION

CAPERTON, Judge:

Kathey and Ray Carter and Randal and Carolyn Sweeney appeal from the Martin Circuit Court’s grant of Coalfield Lumber Company, Inc.’s motion for judgment notwithstanding the verdict (“JNOV”) for failure to properly prove damages to their real estate. In granting the motion, the trial court determined that the Appellants should have offered evidence of the repair costs in addition to the proffered diminution in fair market value evidence. Carter and Sweeney contend that they sustained their burden of proof and that the trial court erred in granting Coalfield’s JNOV…