ANGUS V. VENTURA WL 33287 1999 CASE BRIEF

ANGUS V. VENTURA

WL 33287 1999

NATURE OF THE CASE: Ventura (D), homeowner, appealed a judgment which awarded damages to Angus (P), contractor, in his suit against D for breach of contract, emotional distress, battery, and punitive damages.

FACTS: P is a contractor who does home improvement work. D and P entered into three contracts for roofing and siding work at D's house. P completed the work around October 11, 1994. According to P, when the work was finished, D still owed $1,000. D admitted that he owed the money, but claimed that, due to defects in the work performed by P, he was not obligated to pay. P went to D's house to ask for the amount still owed. P claimed that D grew angry and complained that several shingles on the roof were damaged. P offered to fix them. D then said that he would not pay the rest of the money owed. P turned to leave, and D followed him and threatened him. P entered his truck. D knocked on the window of the truck, and P rolled down the window. According to P, D then spit in his face. P immediately reported the incident to police, but no charges were filed against D. P grew depressed and visited a psychologist for treatment. According to that psychologist, P experienced significant anxiety and depression, lost his ability to concentrate, could not sleep, and, generally, exhibited signs of 'labile affect.' P's condition improved quickly, however, and, after five sessions, he no longer needed to see the psychologist. P sued to recover the balance owed for the home improvement work, and for D's act of spitting on him, and threatening and menacing him. D filed an answer and counterclaim alleging that P had performed his part of the contract in an unsatisfactory manner. P got the verdict against D for $1000 on P's breach of contract claim. It also returned a verdict against D for $20,000 on P's emotional distress and battery claims. The jury awarded P $5,000 in punitive damages and found for P on D's counterclaim. After trial, the trial court awarded plaintiff $10,166 in attorney fees. D appealed.

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LEGAL ANALYSIS:

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