Date: 07-07-1998

Case Style: Midwest Livestock Systems, Inc., a/k/a Midwest Livestock Systems Western, Inc. v. Kari Mark Lashley and Deborah Lashley

Case Number: 88837

Judge: John N. Henderson

Court: District Court, Muskogee County, Oklahoma

Plaintiff's Attorney: Paula Ranallo Wilburn of Wright, Stout & Fite, Muskogee, Oklahoma and Jeff Stone of Shearer, Templer & Pingel, West Des Moines, Iowa

Defendant's Attorney: Belva Brooks Barber of Barber & Barber, Poteau, Oklahoma and Lawrence A.G. Johnson, Tulsa, Oklahoma

Description: Breach of Contract - The plaintiff contracted with the defendant to build a hog containment facility. A dispute arose as to whether the construction conformed to the plans. The plaintiff stopped payment and the defendant quit working and filed a mechanics lien for $110,304.75, the amount due on the contract. The plaintiff filed a demand for arbitration and claimed damages of $475,000. The defendant filed demand for arbitration claiming damages of $110,304.75.

Outcome: The District Court confirmed the arbitrator's award of $99,722 to plaintiff for breach of contract and attorney’s fees of $36,883.96. The arbitrator also awarded $110,304.75 to the defendant.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: The Supreme Court of Oklahoma vacated the opinion of the Court of Civil Appeals and remanded the case to the District Court. See: 967 P.2d 1197 (Okla. 1998). The above date reflects the appellate date not the original trial date. Reported by bsg.