In a case reaching back in time to Homer City Generation’s previous life as a coal-burning power plant, the court decision in a contract dispute between a coal supplier and the power plant has been upheld by State Superior Court in the power plant’s favor, but has now been appealed to the Supreme Court.
The Valier Coal Yard in Jefferson County charged breach of contract over a renegotiated deal reached when the power plant was in bankruptcy. It claims its coal was refused by the power plant, but the plant countered that the quality and/or quantity of the coal fell below the contracted amount. Indiana County Court found some merit in each claim and Judge Thomas Bianco ordered a settlement that incorporated the damages each had incurred. The end result was an adjusted judgement in the power plant’s favor for $167,766.74.
The coal yard is asking the Supreme Court for the right to appeal the Superior Court decision.
PARTIAL TEXT OF THE COURT’S DECISION:
“The December 11, 202[5] Jury Verdict of $143,558 in [Homer City’s] favor and against [Appellant] is hereby MOLDED to add prejudgment interest in the amount of $67,208.74, resulting in a
total jury award in favor of [Homer City] and against [Appellant] of $210,766.74. The Jury Verdict entered on December 11, 2024 is hereby further MOLDED by setting off the jury award of $43,000
to [Appellant] against the molded jury award to [Homer City] of $210,766.74 resulting in a single total jury award in favor of [Homer City] and against [Appellant] of $167,766.74.”
