John Thurmond & Associates, Inc. v. Kennedy

558 S.E.2d 666 (2008)

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Nature of the Case

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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.