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Granted Appeal Summary

Case

T. MUSGROVE CONSTRUCTION COMPANY, INC. v. EARL CRAIG YOUNG, D/B/A FOX FIRE TOWING (Record Number 190180)

From

The Circuit Court of Franklin County; C. Perdue, Judge.

Counsel

William P. Wallace, Jr. and Jason R. Whiting (Johnson, Ayers & Matthews, P.L.C.) for appellant.

Eric H. Ferguson (Rhodes, Ferguson & Stone, Ltd.) for appellee.

Assignments of Error

1. The circuit court erred in failing to grant T. Musgrove\\u2019s motion to set aside the verdict based upon the plaintiff\\u2019s failure to prove the reasonable value of its commercial recovery, towing, and storage services, which is an element of a quantum meruit claim.

2. The circuit court erred in failing to grant T. Musgrove\\u2019s motion to strike the evidence and motion to set aside the verdict based upon the plaintiff\\u2019s failure to prove, as a matter of law, that T. Musgrove benefitted from Fox Fire\\u2019s services, which is an element of a quantum meruit claim.

3. The circuit court erred in failing to grant T. Musgrove\\u2019s motion to strike the evidence and motion to set aside the verdict regarding $46,215.00 in storage charges, based upon the plaintiff\\u2019s failure, as a matter of law, to mitigate its damages.

http://www.courts.state.va.us/courts/scv/appeals/190180.pdf

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