Houser v. American Paving Asphalt

by
In this breach of contract action brought by a homeowner (Plaintiff) against the company that laid his asphalt driveway (Defendant), the Supreme Court affirmed in part and in part reversed the judgment of the district court that significantly reduced the reduction of the award given by the county court.After Plaintiff’s driveway began to deteriorate prematurely, Plaintiff sued Defendant. The county court entered judgment in favor of Plaintiff. The district court reversed the county court’s determination that Plaintiff’s damages included $26,189 for a two-inch overlay of the entire driveway and remanded the case with directions to enter judgment reflecting damages in the amount of $6,522. On appeal, the Supreme Court held (1) the county court’s verdict should have been limited to plain error; (2) there was no plain error in the county court’s assessment of $26,189 in damages for the two-inch overlay; (3) there was sufficient evidence that it was reasonable and necessary for Plaintiff to contract for a stopgap repair of patchwork replacement of broken sections; and (4) there was no plain error in the county court’s award of discovery sanctions and repairs. View "Houser v. American Paving Asphalt" on Justia Law