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CARTER v. COALFIELD LUMBER COMPANY, INC.

No. 2009-CA-000519-MR.

331 S.W.3d 271 (2010)

Kathey CARTER and Ray Carter, Randal and Carolyn Sweeney, Appellants, v. COALFIELD LUMBER COMPANY, INC., Appellee.

Court of Appeals of Kentucky.

December 3, 2010.

Attorney(s) appearing for the Case

Ned Pillersdorf , Prestonsburg, KY, for appellant.

Elbert Alvin Fletcher , Lowmansville, KY, for appellee.

Before CAPERTON, THOMPSON, and VANMETER, Judges.

OPINION

CAPERTON, Judge:

Kathey and Ray Carter and Randal and Carolyn Sweeney appeal from the Martin Circuit Court's grant of Coalfield Lumber Company, Inc.'s motion for judgment notwithstanding the verdict ("JNOV") for failure to properly prove damages to their real estate. In granting the motion, the trial court determined that the Appellants should have offered evidence of the repair costs in addition to the proffered diminution in fair market...

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