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BB&K Wins Jury Trial In Construction Dispute

Client Successes

MCP Industries, Inc. v. Fisher Tracks, Inc.


MCP Industries, Inc. v. Fisher Tracks, Inc.

BB&K Partner John Higginbotham represented a contractor, Fisher Tracks, Inc., in protracted litigation culminating in a month long jury trial against one of its material suppliers. After Fisher Tracks refused to pay for allegedly defective material, a polyurethane glue used in the installation of synthetic running tracks, MCP filed a collections action seeking approximately $59,000 in damages. Fisher Tracks filed a cross-complaint seeking several times that amount, representing the cost of tearing out and replacing several running tracks. After a month long jury trial, involving extensive expert testimony on both sides, the jury reached a verdict and completed an 80-question special verdict form in less than four hours, awarding Fisher Tracks the exact amount requested in closing argument. The case settled shortly thereafter for the full amount of the verdict plus an additional nearly $200,000 in recognition of BB&K’s anticipated victory on a pending motion for attorneys' fees. At the end of the day, BB&K’s client achieved a total victory and was made completely whole.

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