This section contains the nature of the case and procedural background.

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.

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