City Of Cleveland v. Peter Kiewit Sons' Co.

624 F.2d 749 (6th Cir. 1980)

Facts

Dock 34 was built in 1908. It had deteriorated from lack of repair. Peter Kiewit Sons' Co. (D) made a contract in 1973 to use the dock for an Army Corp of Engineer project it was involved with. D used the dock to off-load slag. This was done from August 1 to October 6 in 1973. On October 24, 1973, after D had vacated the dock, it collapsed. The City of Cleveland (P) filed suit on three separate grounds seeking to impose liability on D for the collapse of the dock. A general verdict was returned in P's favor for $350,000. D filed a motion for a judgment notwithstanding the verdict or in the alternative for a new trial alleging misconduct by P for the introduction of liability insurance and D's financial resources. A remittitur of $175,000 was ordered, or a new trial would be granted in 30 days. A new trial was ordered on damages when P refused the remittitur. During trial, P made off-hand comments regarding the size of D and its contracts with the Army Corp of Engineers and the insurance policies required for D's use of the dock. These comments and objections were interposed a number of times during the entire trial despite repeated admonitions from the trial judge.