Patrick Durkin v. MTown Construction, LLC

Patrick Durkin v. MTown Construction, LLC

This is the second appeal from a trial court’s award in a case dealing with damage to real property. The plaintiff’s home had been damaged by a rainstorm while a construction company was in the middle of repairing the roof. The trial court entered an award in favor of the plaintiff for the reasonable costs of repair and remediation in the amount of $118,926.12 by totaling the damage estimate of the defendant’s insurance adjuster with the estimates provided by the plaintiff’s experts. While we affirm the trial court’s method of awarding damages based on the reasonable costs of repair, finding duplication in its award, we vacate the amount of the trial court’s judgment and remand the case for a new calculation of damages.

Authoring Judge: 
Judge Arnold B. Goldin
Originating Judge: 
Judge Rhynette N. Hurd
Date Filed: 
Wednesday, March 13, 2019