Miller v. Wesbanco Bank, Inc. (Signed Opinion)Annotate this Case
In these consolidated appeals arising from breach of contract litigation between Thomas and Jamie Miller and WesBanco Bank, Inc., the Supreme Court affirmed the circuit court's denial of prejudgment interest to the Millers and reversed the jury's damages award, holding that the Millers' evidence failed to support this verdict.
On appeal, the Millers, who prevailed below, challenged the denial of their request for prejudgment interest, which was based upon their failure to request prejudgment interest from the jury. In its separate appeal, WesBanco raised four assignments of error. The Supreme Court remanded in part for further proceedings, holding (1) there was no error in the circuit court's denial of prejudgment interest; (2) there was no error in the admission of parol evidence; (3) the duty of good faith and fair dealing was properly applied to modify WesBanco's contractual obligations; (4) the circuit court did not err in denying judgment as a matter of law to WesBanco; and (5) the jury's damages award of $404,500 was against the clear weight of the evidence.