JOHN THURMOND & ASSOCIATES, INC. V. KENNEDY
558 S.E.2d 666 (2008)
NATURE OF THE CASE: Thurmond (D) appealed a reversal by the court of appeal of a directed
verdict in his favor for P's failure to present evidence of fair market value of his home
after the repairs for D's screw-ups were made.
FACTS: Kennedy (P) is a homeowner whose home was substantially damaged by fire. Thurmond
(D) is a construction company hired by P to make repairs to his home for an agreed upon
contract price of $311,156. P discovered problems with D's work and sued for breach of
contract, breach of warranty, negligent construction, and negligence. P presented evidence
of the cost of repairing the faults was estimated at $751,632. The trial court granted D's
motion for a directed verdict on the ground that P did not present evidence of the fair
market value of his home after the allegedly faulty repairs. P appealed and the Court of
Appeals reversed, concluding that evidence of the fair market value of the home after the
repairs were made was not required. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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