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Graves v. Diambrose

Because defendant's refusing to pay for the damages he caused forced plaintiffs to file suit to recover those damages, the trial court properly granted attorney's fees to plaintiffs.

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Dean Graves d/b/a Dexterity was hired by Michael and Sharon Diambrose to refinish hardwood floors in their home. While performing this work, Graves damaged the Diambroses’ home by: 1 pouring stain and sealer into the kitchen sink and spilling it on the Corian countertops, thereby staining them; 2 attempting to remove these stains using coarse sandpaper; 3 placing wet rollers and brushes on the carpet, thereby staining it and clumping it with sealer; and 4 leaving the hardwood floors in an unfinished, unsightly manner. Although Graves agreed to pay for the damage, he failed to do so, and the Diambroses were forced to sue for recovery. The Diambroses then moved the trial court to grant a motion for summary judgment, which Graves did not answer. The trial court granted the motion, awarding the Diambroses $11,241.50 in compensatory damages and $770 in attorney fees. On appeal, Graves admits liability, but he contends that the trial court erred in its award of compensatory damages and attorney fees. For the reasons set forth below, we affirm.

1. Graves contends that the trial court erred by awarding the Diambroses $11,241.50 in compensatory damages, contending that there was insufficient evidence to support the award.

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