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VICTOR VIRGIN CONST. CORP. v. NH DOT

No. 2012-162.

75 A.3d 1136 (2013)

VICTOR VIRGIN CONSTRUCTION CORP. v. NEW HAMPSHIRE DEPARTMENT OF TRANSPORTATION

Supreme Court of New Hampshire.

Opinion Issued: August 21, 2013.

Attorney(s) appearing for the Case

D'Amante, Couser, Pellerin, & Associates, P.A., of Concord ( Bruce J. Marshall on the brief and orally), for the plaintiff.

Michael A. Delaney , attorney general ( Kevin H. O'Neill , assistant attorney general, on the brief and orally), for the New Hampshire Department of Transportation.

HICKS, J.

The plaintiff, Victor Virgin Construction Corporation (Virgin), appeals an order of the Superior Court (Smukler, J.) remitting a jury award of $1,520,635 to $779,078.80 following an advisory jury finding of liability for breach of contract and a jury finding of negligent misrepresentation by defendant New Hampshire Department of Transportation (DOT). DOT cross-appeals, asking that the award be further reduced. We vacate and remand.

The record...

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