Houser v. American Paving Asphalt, Inc.

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Houser v. American Paving Asphalt, Inc.

Case Number
S-16-0778
Call Date
October 4, 2017
Case Time
9:00 AM
Court Number
Douglas
Case Location
Lincoln
Case Summary

S-16-0778 Tom Houser (Appellant) v. American Paving Asphalt, Inc. (Cross-Appellant)

Douglas County District Court, Judge Leigh A. Retelsdorf

Attorneys: David J. Koukol, Sharon A. Hansen, and Michael W. Milone (Koukol Johnson Law Firm) for Appellant — James B. McVay (Tiedeman Lynch Law Firm) for Cross-Appellant

Civil: Breach of contract

Proceedings Below: The district court reversed the judgment of the trial court and remanded the matter with instructions to reduce the damages awarded.

Issues: Houser appeals and assigns that the district court erred when it (1) granted American Paving’s motion for additional time to file its statement of errors and allowed review beyond plain error review, (2) failed to find that a 2-inch asphalt overlay was a reasonable procedure to make the driveway conform to the contract, (3) ruled that the $26,189 cost of the overlay was not reasonable or supported by competent evidence.

American Paving cross-appeals and assigns that the district court erred when it found that (1) there was sufficient evidence to sustain the trial court’s award of damages to Houser in the amount of $5,660 and (2) the trial court did not abuse its discretion in awarding attorney fees to Houser in the amount of $1,514.

Schedule Code
SC