Carrick Trucking, Inc. v. Nietert et al

Filing 67

ORDER denying 64 Motion to Alter Judgment. Signed by Honorable Jimm Larry Hendren on May 3, 2010. (lw)

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IN THE UNITED STATES DISTRICT COURT W E S T E R N DISTRICT OF ARKANSAS F O R T SMITH DIVISION C A R R I C K TRUCKING, INC. d / b / a OUTLANDER GRAVEL v. R O D N E Y T. HOLDINGS, SERVICES, a n d JAMES GRAVEL C i v i l No. 09-2053 PLAINTIFF NIETERT; SAMARITAN INC.; OUTLANDER TREE INC.; JERRY DON HATTABAUGH; STEVEN BLACK d/b/a JSB DEFENDANTS ORDER N o w on this 3rd day of May, 2010, comes on for consideration P l a i n t i f f ' s Motion To Amend The Judgment (document #64). Plaintiff s u g g e s t s that the Court miscalculated its damages, pointing out t h a t there was testimony "that the value of the pre- and post-crush i n v e n t o r y that was converted by the Defendants was worth $270,550." W h i l e this is an accurate observation, the Court declined to award plaintiff damages for pre-crush inventory. Plaintiff c o n t r a c t e d to be compensated on the basis of crushed gravel, while defendants Rodney Taylor Nietert and his corporations were c o n t r a c t e d to blast the materials preparatory to crushing them. Thus the evidence supported an award to plaintiff for post-crushed m a t e r i a l s , but not for pre-crushed materials (blasted rock). The Judgment awarded plaintiff the adjusted value of all p o s t - c r u s h e d materials, and also awarded it the cost of the blast t o the extent it was paid by plaintiff rather than by Rodney Taylor N i e t e r t or his corporations. The Court believes this is accurate and fair compensation for the damages sustained by plaintiff, and t h e motion will, therefore, be denied. I T IS THEREFORE ORDERED that Plaintiff's Motion To Amend The J u d g m e n t (document #64) is denied. I T IS SO ORDERED. /s/ Jimm Larry Hendren JIMM LARRY HENDREN U N I T E D STATES DISTRICT JUDGE

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