Inn By the Sea Homeowner's Association, Inc. v. SeaInn, LLC, Drace Construction Corp., Carubba Engineering, Southern Cross Construction Company, Harry Baker Smith Architects II, PLLC and Greg Stewart

Summary

The Supreme Court of Mississippi affirmed summary judgment for defendants in a condominium construction-defect action. The court held that the trial court did not abuse its discretion by excluding expert damages testimony because one expert failed to adequately disclose the methodology and calculations supporting repair-cost estimates, while another admitted he was not qualified to provide cost estimates. Without admissible evidence of damages, summary judgment was proper.

Holdings

1. The trial court did not abuse its discretion by excluding Hayes's testimony because he failed to disclose the basis, methodology, and calculations supporting nearly all of his cost opinions despite being given additional time and an express order to supplement.
2. The trial court did not abuse its discretion by excluding Avegno's cost-damage opinions because Avegno expressly stated that he was not a qualified cost estimator and that more accurate estimates required a licensed contractor or cost estimator.
3. Summary judgment for the defendants was proper because, after the expert testimony was excluded, the association had no admissible evidence of damages.

Questions Presented

1. Whether the trial court abused its discretion by excluding Alfred Hayes's expert testimony concerning construction repair costs.
2. Whether the trial court abused its discretion by excluding Ashton Avegno's expert testimony concerning cost damages.
3. Whether summary judgment was proper after exclusion of the plaintiff's damages experts.

Disposition

affirmed