Ballard Realty Co. v. Ohazurike
2012 Miss. LEXIS 435
| Miss. | 2012Background
- Ohazurike informed management of a leaky pipe behind his toilet before May 2007, leading to water intrusion into the apartment.
- Water damaged nineteen production-ready games (board, card, and video) and related materials.
- Ohazurike designed and copyrighted multiple games; Upstart Games and Amusements sold thousands of units but incurred net losses historically.
- The Ohazurikes sued for negligent maintenance/repair; the case was remanded from federal court to state court, focusing on damages for lost intellectual property and related injuries.
- A jury awarded the Ohazurikes $3,603,712 in damages, which Defendants challenged as excessive and unsupported by the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of expert and lay testimony | Glover, Lightheart, Johnson, and Chance offered essential proofs. | Testimony violated discovery and Rule 702 standards. | Court abused discretion by admitting unreliable/undisclosed expert and lay testimony. |
| Lost-profits damages proof | Ohazurike could show profits from damaged games as future income. | No reasonable certainty of past profits or reliable projection. | Damages for lost profits lacked reasonable certainty; new trial on damages required. |
| Damages on restoration vs. fair market value/double recovery | Restoration costs should compensate damages if fair market value is not established. | Restoration costs cannot exceed fair market value; no double recovery allowed. | Restoration testimony improper without FMV; double recovery concerns require remittitur/new trial. |
Key Cases Cited
- Lovett v. E.L. Garner, Inc., 511 So.2d 1346 (Miss. 1987) (past profits may support future profits if profits are reasonably ascertainable)
- Turpentine & Rosin Corp. v. Gulf Naval Stores Co., 188 So.2d 257 (Miss. 1966) (future profits must be discounted to present value)
- Miss. Power Co. v. Harrison, 247 Miss. 400, 152 So.2d 892 (Miss. 1963) (lost profits require proofs of ascertainable profits; past profits insufficient alone)
- Hyundai Motor Am. v. Applewhite, 53 So.3d 749 (Miss. 2011) (failure to amend/supplement discovery is abuse of discretion; need full disclosure)
- White v. Yellow Freight System, Inc., 905 So.2d 506 (Miss. 2004) (verdicts causing miscarriage of justice reviewed for new trial)