Morrison Mahoney partners Grace Garcia and Kathleen Federico recently obtained a verdict in Norfolk Superior Court against a Montessori school. We represented a landscape/snowplow company who sued the school for breach of contract for unpaid invoices for commercial snowplowing services. In turn, the school asserted that our client breached a separate written contract in which our client agreed to repair damage to the school’s property allegedly caused by its snowplow operations. The school asserted various counterclaims against our client including breach of contract, negligence, fraud, abuse of process, and violation of G.L. c. 93A.
Evidence was presented at trial that as soon as our client entered into an agreement to repair minor property damage, the school materially changed the terms of the contract and suddenly alleged extensive property damage. Through our expert, we argued that the alleged property damage the school claimed was not the result of negligence by a snowplow, but rather damage from “Mother Nature.” Ultimately, the jury found in favor of our client on all counts, finding the school owed our client money for work and finding in our client’s favor on all counterclaims.
Notably, this case was mediated 2 times before trial and the school walked away from a six-figure settlement offer. In light of the jury’s decision, the school will now have to pay our client for unpaid invoices, as well as approximately 70% interest from the date of filing.
