SC21072 - Clinton v. Aspinwall (Breach of contract; “The defendants’ principal claim on
appeal is that the trial court committed reversible error by improperly
interpreting an exculpatory clause in CCP’s operating agreement as imposing
affirmative duties on the defendants and instructing the jury in accordance
with that flawed interpretation. They also claim that the trial court abused
its discretion by permitting the plaintiff’s expert, Kenneth Pia, to testify
about CCP’s capital reserve. We agree with the defendants on their first claim
but disagree with them on their second claim. Because the error on their first
claim was not harmless, we reverse the judgment of the trial court and remand
the case for a new trial.”)