Supreme Court of Rhode Island

Sophie F. Bronowiski Mulligan Irrevocable Trust v. Todd Arthur Bridges

April 10, 20122012 R.I. LEXIS 39

Summary

The Rhode Island Supreme Court affirmed the trial court’s award of unpaid rent but vacated its denial of damages for wallpaper restoration and its refusal to award attorney’s fees, remanding for further determination on those issues. The Court held that the lease’s clear language mandates a cost‑of‑repair measure for temporary damage and authorizes reasonable attorney’s fees.

Holding

  • Did the trial court err in applying the wrong measure of damages for the lease‑breach restoration?. The trial court’s denial of damages was erroneous because the lease’s historic‑property provision requires a cost‑of‑repair measure for temporary damage; the judgment is vacated and remanded for a proper damages determination.
  • Did the trial court err in refusing to award attorney’s fees authorized by the lease?. The trial court abused its discretion by not awarding reasonable attorney’s fees, as the lease expressly provides for such fees when legal action is required to enforce its provisions; the judgment is vacated and remanded for award of fees.

Docket 2011-20-Appeal

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