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Contracts: Breach of Contract-Batson-Challenge Prejudgment Interest

(1)Where appellant general contractor and respondent office building owner cross-appealed in a dispute arising from a construction contract, the appellant’s Batson challenge failed because it did not show that the respondent’s reason for a strike was pretext, and the judgment is affirmed in part because the trial court did not abuse its discretion in excluding evidence of lost profits.

(2)Where a building owner argued that the trial court erred in awarding prejudgment interest to a general contractor even though the general contractor did not win an award of money damages at trial, the trial court wrongfully applied Section 408.020, so the award is reversed.

Judgment is affirmed in part; reversed in part.

Assurance General Contracting LLC v. Ekramuddin (MLW No. 74863/Case No. ED107390 – 16 pages) (Missouri Court of Appeals, Eastern District, Richter, J.) Appealed from circuit court, St. Louis County, Ribaudo, J. (David C. Knieriem for appellant) (Paul N. Rechenberg and Elizabeth A. Rechenberg for respondent).