Before anyone gets their hopes up that a big settlement in the RIB case is probable, it’s important to know that WP has filed a new objection in the case. You will recall that the foundation of the case was the $10+ million damage estimate produced by the town’s then expert Mr. Forzley of Fuss and O’Neill. WP had a field day with his deposition and subsequently, Wolfeboro removed him from the expert list.
In his place, the town has stated that Mr. Ford will testify as to the damages suffered by the town. This is all covered in a previous blog post several weeks ago. Apparently WP made an issue of the damages claim at the pretrial conference, asking that the damages claimed for each count of the complaint be broken down so as to avoid the jury awarding duplicate damages. The judge ordered Wolfeboro to do so. In their response, Wolfeboro simply said that all of the damages apply to all of the counts.
WP says that’s a non-answer, and objects in their most recent filing . They say that Wolfeboro has not complied with the court’s order. Moreover they say that Mr. Ford, as a fact witness, cannot testify because an expert is required, and that the damage spreadsheet provided is full of errors.
If WP is to be believed, the town’s case has fallen apart due to mishandling of the damages claim. Surely Wolfeboro’s response will put things back on track. Maybe we’ll find out how serious a problem this is this afternoon.