$462,000 Awarded To Great Lakes Crushing - Vindicated By Lake County Jury in Northeast Ohio

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Unanimous verdict favoring Great Lakes Crushing is reached in alleged breach of licensing agreement according to Great Lakes Crushing attorneys Richard Selby and Erik Walter of Northeast Ohio law firm, Dworken & Bernstein Co.,L.P.A.

Late in the day on Friday, June 15, 2012, a Lake County jury of six women and two men returned a unanimous verdict in Judge Richard Collins’ courtroom in the amount of $462,000 in favor of Great Lakes Crushing and against Jack F. Neff Sand & Gravel, Inc. and the estate of the Jack F. Neff Sand & Gravel’s late owner, John Neff.

According to court documents, the lawsuit involved a license agreement between Great Lakes Crushing and Jack F. Neff Sand & Gravel that allowed Great Lakes Crushing to use a parcel of property on Euclid Ave. in Wickliffe for crushing operations and material storage. Jack F. Neff Sand & Gravel, Inc. and John Neff filed the lawsuit against Great Lakes Crushing, alleging that Great Lakes Crushing had breached the license agreement by failing to make payments due under the license agreement. Great Lakes Crushing filed a counterclaim alleging that Jack F. Neff Sand & Gravel had breached the license agreement by terminating the agreement without adequate notice and then, along with Mr. Neff personally, preventing Great Lakes Crushing from recovering nearly $500,000 worth of materials that Great Lakes Crushing was storing on the property.

According to court reports, the jury found in favor of Great Lakes Crushing against Jack F. Neff Sand & Gravel on its breach of contract claim against Great Lakes Crushing, finding that Great Lakes Crushing had complied with all of its obligations under the license agreement. Instead, the jury found that Jack F. Neff Sand & Gravel had breached the license agreement terminating the license agreement without adequate notice. In addition, the jury found that Jack F. Neff Sand & Gravel and John Neff, personally, had improperly prevented Great Lakes Crushing from removing its materials from the property after the license agreement was terminated, and awarded $462,000 in damages related to Great Lakes Crushing loss of those materials,

Great Lakes Crushing was represented by Richard Selby and Erik Walter of the law firm of Dworken & Bernstein Co., L.P.A. Mark Belich, the owner of Great Lakes Crushing, indicated after the trial that he was very pleased with the verdict, and appreciated the jury’s recognition that Great Lakes Crushing had done nothing wrong in connection with its dealings with Mr. Neff and his company. The matter was filed in the Lake County Court of Common Pleas, as Jack F. Neff Sand & Gravel, Inc. nka John F. Neff, Inc., et al. v. Great Lakes Crushing, Ltd, Case No.: 11 CV 003. Jack Neff Sand & Gravel, Inc. and the Estate of Mr. Neff were represented by Robert DeMarco and Joseph Triscaro of the law firm of DeMarco & Triscaro

Dworken & Bernstein is the largest law firm in Lake, Geauga, and Ashtabula Counties with 26 attorneys and a staff of 65. Dworken & Bernstein offers a full range of legal services for businesses, individuals, and families in litigation and transactions with offices in Painesville and downtown Cleveland.

Offices are located at 60 South Park Place, Painesville, Ohio 44077, (440) 352-3391 and 55 Public Square, Suite 950, Cleveland, Ohio 44113 (216) 861-4211. Visit http://www.dworkenlaw.com.

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Barbara Marlowe
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