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RENDERED: December 30, 1998; 10:00 a.m.
NOT TO BE PUBLISHED

Comonwealth Of Kentucky

Court Of Apeals

NO. 1996-CA-003222-MR

BERLING CONSTRUCTION COMPANY APPELLANT

APPEAL FROM BOONE CIRCUIT COURT

v. HONORABLE JOSEPH F. BAMBERGER, JUDGE
ACTION NO. 90-CI-425

RAYMOND L. SCHLAGEL AND KORLISS

M. SCHLAGEL APPELLEES

OPINION
AFFIRMING
** ** ** ** **

BEFORE: GUIDUGLI, JOHNSON AND SCHRODER, JUDGES.

JOHNSON, JUDGE: Berling Construction Company (Berling) appeals
from a final judgment entered in the Boone Circuit Court on August
20, 1996, which awarded Raymond and Korliss Schlagel (the
Schlagels) the sum of $1,224,494 following a jury trial where
Berling was found liable for trespass, breach of warranty,

1

violations of the Consumer Protection Act, and misrepresentation
regarding construction of a house. The judgment includes $11,000
for trespass damages, $45,000 in compensatory damages, $1,140,000
in punitive damages plus $28,494 in attorney

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