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
Cited by
- T G Plastics Trading Co., Inc., D/b/a National Plastics Trading Co., Plaintiff, Appellee v. Toray Plastics…
- Insurance Brokers West, Inc., Plaintiff, Appellant v. Liquid Outcome, LLC, F/k/a Astonish Results, LLC, D/b/a…
- Insurance Brokers West, Inc. v. Liquid Outcome, LLC F/k/a Astonish Results, LLC D/b/a Intygral
- America Condominium Association, Inc. v. Stefania M. Mardo, as Trustee of the Constellation Trust—2011
- ACP Land, LLC v. the Rhode Island Public Utilities Commission
- America Condominium Association, Inc. v. Stefania M. Mardo, as Trustee of the Constellation Trust—2011
- America Condominium Association, Inc. v. Stefania M. Mardo, as Trustee of the Constellation Trust-2011
- Donna Banville v. Peter Brennan