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DESCO CORP. v. HARRY W. TRUSHEL CONST.

No. 19993.

413 S.E.2d 85 (1991)

DESCO CORPORATION, dba Colliers Industries, Plaintiff Below, Appellee, v. HARRY W. TRUSHEL CONSTRUCTION COMPANY and Fire Foe Corporation, Defendants Below, Appellees. FIRE FOE CORPORATION, Third-Party Plaintiff Below, v. INDUSTRIAL RISK INSURERS, Third-Party Defendant Below.

Supreme Court of Appeals of West Virginia.

Decided December 6, 1991.

Attorney(s) appearing for the Case

A. Richard Bailey, Elaine M. Rinaldi, Cozen & O'Connor, Philadelphia, Pa., for appellant.

Douglas McKay, Paul M. McKay, John D. McKay, McKay & McKay, Wheeling, for appellee Fire Foe Corp.

Jeffrey A. Holmstrand, Bachmann, Hess, Bachmann & Garden, Wheeling, for appellee Harry W. Trushel Const. Co.

MILLER, Chief Justice:

Desco Corporation (Desco), doing business as Colliers Industries, appeals a final order of the Circuit Court of Hancock County, dated August 20, 1990, denying its motion for a new trial on its negligence cause of action and limiting Desco's damages on its breach of contract action to the cost of completing installation of a sprinkler system. Desco had sought to recover approximately $2,000,000 when...

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