Sweeny, Wingate & Barrow, P.A. attorneys Mark Barrow and Eric Cavanaugh obtained a defense verdict after jury deliberations in a week-long trial pending in the United States District Court of the District of South Carolina. Mr. Barrow and Mr. Cavanaugh represented a local electrical contractor alleged to have caused a power outage and resulting loss of business at a data center. After months of threats by the owner of the data center, Mr. Barrow and Mr. Cavanaugh brought suit against the data center to recover payments due their client. The data center counterclaimed alleging negligence, breach of contract and breach of warranties.
The counterclaim alleged that Mr. Barrow and Mr. Cavanaugh’s client improperly installed a cable which caused a short circuit and ultimately led to the loss of power to the data center floor. The actual damages exceeded $3.5 million with claimed lost profits of $48 million. At trial, the opposing party put up $6.9 million in damages.
The week-long trial featured numerous witnesses and the testimony of experts skilled in electrical engineering. Mr. Barrow and Mr. Cavanaugh relied on the services of USLAW partner SEA Limited. SEA’s expert had extensive experience in designing and maintaining data centers. The SEA expert helped the jury to understand the complicated design of a data center and ultimately led to a successful defense of the case.
The jury got the case on Friday around 3:30 p.m. and returned a verdict two hours later. The jury not only found that Mr. Barrow and Mr. Cavanaugh’s client was not negligent nor did it breach the contract or warranty, but the jury also awarded Mr. Barrow and Mr. Cavanaugh’s client damages for the opposing party’s breach.