Carter Brothers Manufacturing Company, Inc. v. Lumbermen's Underwriting Alliance

Filing 328

JUDGMENT: On 8/31/2012, after this case had been submitted to a jury, a verdict was returned. It is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Judgment is entered in favor of plaintiff Carter Brothers Manufacturing Company, Inc. and against defendant Lumbermen's Underwriting Alliance. (2) Plaintiff Carter Brothers Manufacturing Company, Inc. shall have and recover from defendant Lumbermen's Underwriting Alliance the sum of $13,653,415. (3) It is further ORDERED t hat costs are taxed against defendant Lumbermen's Underwriting Alliance, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58. This case is not closed. Signed by Honorable Judge Myron H. Thompson on 9/4/2012. (Attachments: # 1 Civil Appeals Checklist)(dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

CARTER BROTHERS
MANUFACTURING COMPANY,
INC.,

)
)
)
)
Plaintiff,
)
)
v.
)
)
LUMBERMEN’S UNDERWRITING
)
ALLIANCE, an Inter)
insurance Exchange Company, )
)
Defendant and Third)
Party Plaintiff,
)
)
v.
)
)
GE COMMERCIAL DISTRIBUTION )
FINANCE CORP., et al.,
)
)
Third-Party Defendants.)

CIVIL ACTION NO.
2:11cv251-MHT
(WO)

JUDGMENT
On the 31st day of August, 2012, after this cause had
been submitted to a jury, a verdict was returned as
follows:

VERDICT
PART I
1. Has Lumbermen’s Underwriting Alliance proved
its
non-cooperation
contention
by
a
preponderance of the evidence?
Yes
No

______
X

2. Has Lumbermen’s Underwriting Alliance proved
its
misrepresentation
contention
by
a
preponderance of the evidence?
Yes
No

______
X

3. Has Lumbermen’s Underwriting Alliance proved
its arson contention by a preponderance of the
evidence?
Yes ______
No
X
4. Has Carter Brothers Manufacturing Company,
Inc. proved its breach of contract contention by
a preponderance of the evidence?
Yes
No

X

PART II
If you answered “no” to questions 1, 2 and 3,
and you also answered “yes” to question 4, you
will
have
found
that
Carter
Brothers
Manufacturing Company, Inc. may recover from
2

Lumbermen’s Underwriting Alliance. Proceed to
question 5 if and only if you answered “no” to
questions 1, 2 and 3, and you also answered
“yes” to question 4.
5.
If
you
find
that
Carter
Brothers
Manufacturing Company, Inc. may recover from
Lumbermen’s Underwriting Alliance, how much is
it entitled to in damages?
$ 13,653,415
SO SAY WE ALL.
DONE, this the 31 day of August, 2012
/s/ Octavius M. Jackson
FOREPERSON
It is therefore the ORDER, JUDGMENT, and DECREE of
the court as follows:
(1) Judgment is entered in favor of plaintiff Carter
Brothers

Manufacturing

Company,

Inc.

and

against

defendant Lumbermen’s Underwriting Alliance.
(2) Plaintiff Carter Brothers Manufacturing Company,
Inc. shall have and recover from defendant Lumbermen’s
Underwriting Alliance the sum of $ 13,653,415.

3

(3) It

is

further

ORDERED

that

costs

are

taxed

against defendant Lumbermen’s Underwriting Alliance, for
which execution may issue.
The clerk of the court is DIRECTED to enter this
document on the civil docket as a final judgment pursuant
to Rule 58 of the Federal Rules of Civil Procedure.
This case is not closed.
DONE, this the 4th day of September, 2012.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE