City of Syracuse v. American Underground Engineering, et al

Filing 145

JUDGMENT in favor of American Underground Engineering, Inc. against City of Syracuse in the amount of $5,312,678.00 plus prejudgment interest. (bjw, )

UNITED STATES DISTRICT COURT
Northern District of New York

American Underground Engineering, Inc.
vs.

JUDGMENT
IN A CIVIL CASE

City of Syracuse
Case number: 5:00-cv-278 (lead)
Case number: 5:00-cv-1127 (member)
X Jury Verdict. This action came before the Court for a trial by jury. The issues have been
tried and the jury has rendered its verdict.
X Decision by Court. This action came to a trial, hearing or motion before the Court. The
issues have been tried or heard and a decision has been rendered.
IT IS ORDERED AND ADJUDGED:
On July 1, 2010 the jury rendered a verdict in favor of the Plaintiff for breach of contract by
the Defendant awarding damages as follows:
Actual job costs for work on project up to time work ceased:
$10,759,804.50
Percentage found to compensate for profits and overhead expenses: 15%
15% of actual job costs:
$1,613,970.68
Final amount of damages after combining both figures above and then deducting all
payments Plaintiff had already received for work under contract:
$7, 306,021.64
On October 7, 2011 the Court rendered a post-trial motion decision reducing the amount of
damages awarded by the jury. The Court finds that the jury mistakenly awarded
$1,613,970.68, representing an additional 15% for profits and expenses not realizing that
this percentage was already built into the expense figures. Therefore,
Reduced amount of damages:

$5,692,050.96

Further, Defendant’s request to reduce the damages award by $379,372.96, represented by
Plaintiff to be home office overhead expenses as a result of the breach of contract is Granted.
TOTAL Reduced amount of damages:
$5,312,678.00
Prejudgment interest shall be calculated in accordance with New York State law.

Defendant’s motion for judgment as a matter of law, pursuant to Rule 50(b) of the Federal
Rules of Civil Procedure, is Denied.
Defendant’s motion for separate findings of fact and conclusions of law pursuant to Rule
52(a)(1) of the Federal Rules of Civil Procedure, is Denied.

All of the above pursuant to a jury verdict rendered on July 1, 2010 before the Hon.
Frederick J. Scullin, Jr. and a motion decision rendered on October 7, 2011 by the Hon.
Frederick J. Scullin, Jr.

October 13, 2011

Lawrence K. Baerman, Clerk
s/
Barbara J. Woodford
Deputy Clerk