This podcast is provided by Ben Glass and Steve Emmert www.BenGlassReferrals.com - www.Virginia-Appeals.com   Granted Appeal Summary Case T. MUSGROVE CONSTRUCTION COMPANY, INC. v. EARL CRAIG YOUNG, D/B/A FOX FIRE TOWING (Record Number 190180) From The Circuit Court of Franklin County; C. Perdue, Judge. Counsel William P. Wallace, Jr. and Jason R. Whiting (Johnson, Ayers & Matthews, P.L.C.) for appellant. Eric H. Ferguson (Rhodes, Ferguson & Stone, Ltd.) for appellee. Assignments of Error 1. The circuit court erred in failing to grant T. Musgrove’s motion to set aside the verdict based upon the plaintiff’s failure to prove the reasonable value of its commercial recovery, towing, and storage services, which is an element of a quantum meruit claim. 2. The circuit court erred in failing to grant T. Musgrove’s motion to strike the evidence and motion to set aside the verdict based upon the plaintiff’s failure to prove, as a matter of law, that T. Musgrove benefitted from Fox Fire’s services, which is an element of a quantum meruit claim. 3. The circuit court erred in failing to grant T. Musgrove’s motion to strike the evidence and motion to set aside the verdict regarding $46,215.00 in storage charges, based upon the plaintiff’s failure, as a matter of law, to mitigate its damages. http://www.courts.state.va.us/courts/scv/appeals/190180.pdf