Wesco v. Arcelormittal - 8/26/14

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Tuesday  August 26, 2014 
10:00 AM  EST

10 a.m. 45A03-1307-PL-274. Arcelormittal Indiana Harbor, LLC ("Mittal") operates a steelmaking plant in northwestern Indiana. On April 28, 2006, an overhead crane at the plant malfunctioned and spilled a load of molten iron that caused a fire that damaged Mittal's property. Mittal sued WESCO for breach of warranty, alleging that WESCO sold it defective parts that caused the malfunction. A jury returned a verdict for Mittal in an amount in excess of $36 million. The trial court awarded prejudgment interest and costs and entered a final judgment in the amount of $39,031,555.96. WESCO appeals the judgment, alleging the trial court committed reversible error by failing to grant WESCO summary judgment; entering a discovery order protecting materials pertinent to an insurance investigation; admitting certain expert testimony; excluding evidence regarding remedial measures by Mittal; submitting an allegedly erroneous instruction; failing to sanction Mittal for alleged spoiliation of evidence; and awarding prejudgment interest.

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