DiGioia Bros. Excavating, Inc. v. Cleveland Department of Public Utilities

Porter, Administrative Judge.

Defendant-appellant, city of Cleveland, Department of Public Utilities, Division of Water, appeals from the jury verdicts and judgment awarding $604,602 to plaintiff-appellee, DiGioia Brothers Excavating, Inc., arising from installation of a water main on Hilliard Boulevard in Rocky River and Westlake, Ohio. The city claims that the trial court erred in directing a liability verdict in favor of plaintiff and not in favor of defendant and in failing to properly instruct the jury on disputed issues. We find merit in the appeal, reverse and enter judgment in part for…