Wujcik v. Gallagher and Henry Contractors

PRESIDING JUSTICE INGLIS

delivered the opinion of the court:

Plaintiffs, James and Beverly Wujcik, appeal after the trial judge, in a bench trial, granted a motion for judgment at the close of plaintiffs’ case for defendants, Gallagher & Henry Contractors, doing business as Orchard Hill Building Company, and Robert E. Gallagher (Orchard Hill). The Wujciks were seeking monetary damages for the loss of lateral and subjacent support due to Orchard Hill’s excavation of adjoining property. The sole issue presented by the Wujciks is whether the measure of damages should be the replacement cost for…