ELR Citation: ELR 20052
No(s). 04-3609 (8th Cir. Mar 8, 2006)

The court partially affirms a judgment and award of damages in favor of a subcontractor hired to remove asbestos prior to a housing project's demolition. The evidence supported a jury's findings that the demolition company breached its contract with the subcontractor. Although the demolition company presented some evidence that the subcontractor violated U.S. Environmental Protection Agency and Occupational Safety and Health Administration regulations, witnesses disagreed as to whether these infractions actually occurred and whether, if they had occurred, they were substantial. It was therefore proper for the district court to deny the company's motion for judgment as a matter of law. In addition, the record supported the jury's award of $815,800 in damages. The district court, however, erred in allowing prejudgment interest on the entire jury award. Prejudgment interest is not allowed for lost profits.