Century Insurance Co. Ltd. and the Public School System are the plaintiffs and counter claimants in this case against GBI and PSS.
GBI and the Commonwealth Development Authority are the counter defendants.
Attorney Douglas Cushnie appeared on behalf of the Guerrero Brothers Inc. for the hearing on Dec. 18, 2008. The counsel for the Public School System failed to appear at the hearing.
In his order, Wiseman said the court’s original judgment determined that GBI suffered no harm as a result of the failure of PSS to interplead funds. The court also determined that GBI was not entitled to relief.
Wiseman said “the remaining Phase 1 funds could not be used to pay GBI debt because CIC was rightfully entitled to those funds, and GBI alone is responsible for their debts to CDA.”
GBI earlier sought partial summary judgment on the issue of whether PSS breached its contractual duty to interplead the remaining Phase 1 funds in the amount of $804,049.73.
PSS also filed a motion granted by the court which stated that GBI failed to present sufficient evidence to show they were harmed by the breach.
After trial, the jury reached several conclusions which states that CIC did not breach its contract to provide interim payments to GBI, CIC did not delay in providing payment bonds to GBI, CIC interfered with the agreement reached between GBI and PSS, GBI suffered no harm as a result of the interference and CDA was entitled to damages the sum of $804,049.73 from PSS as a result of PSS’s breach of the PSS-GBI agreement.
On Sept. 9, 2008, the court granted the renewed motion for judgment filed by PSS against CDA after finding that the jury reached a verdict which was barred because it was determined that CIC was entitled to the funds, and there was no evidence presented to the jury showing that even if the funds had been interplead, CDA would have been entitled to them.
