Verdict Based on an Expert’s Incompetent Report Cannot Stand, New Trial Ordered

BVLaw
Court Case Digests
October 1, 2021
7011 Hotels and Motels
721110 Hotels (except Casino Hotels) and Motels
condemnation
damages, expert witness, income approach, loss of business, condemnation, real property

State Route 00700, Section 21H v. Bentleyville Garden Inn, Inc. (In re Condemnation by DOT)
2021 Pa. Commw. LEXIS 562; 2021 WL 4483462
US
State Court
Pennsylvania
Commonwealth Court
Michael Towers, Merico Lignelli, Karel Cubic, John Dudash
Rénee Cohn Jubelirer, Mary Hannah Leavitt, Bonnie Brigance Leadbetter

Summary

The jury verdict was set aside in this Pennsylvania condemnation case for reliance on an incompetent report by the expert witness for the Pennsylvania Department of Transportation. The report did not account for the damages the hotel incurred on the unclaimed property for loss of business due to the condemned property. Additionally, the court decided that a new trial, which the trial court did not allow, should be allowed and remanded for a new trial.

See Also

State Route 00700, Section 21H v. Bentleyville Garden Inn, Inc. (In re Condemnation by DOT)

The jury verdict was set aside in this Pennsylvania condemnation case for reliance on an incompetent report by the expert witness for the Pennsylvania Department of Transportation. The report did not account for the damages the hotel incurred on the unclaimed property for loss of business due to the condemned property. Additionally, the court decided that a new trial, which the trial court did not allow, should be allowed and remanded for a new trial.