Sophie F. Bronowiski Mulligan Irrevocable Trust v. Bridges
2012 R.I. LEXIS 39
R.I.2012Background
- Historic 1862 Italianate house at 151 Benefit Street, Providence, listed on the National Register, owned by the Trust.
- Lease signed Sept. 3, 2004 for second through fourth floors; lease includes strict historic-property restoration and permission requirements for painting (para. 21) and a damages/fees clause (para. 15).
- Defendant painted parts of wallpaper and surfaces without landlord permission, allegedly damaging historic finishes; last month’s rent unpaid.
- Superior Court bench trial held July 21, 2010; plaintiff relied on expert wallpaper cost estimates; defendant testified and admitted some paints without permission.
- Trial justice found breach but concluded damages did not exceed unpaid rent; judgment for $1,600 plus interest; plaintiff appealed on three grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Damages standard used for painting damages | Dwight testimony supports cost-of-repair damages | Damages limited to diminution in value | Damages should be based on cost of repair |
| Attorney's fees under the lease | Lease authorized fees if recovery for damages | No contractual fee provision applied | Fees should be awarded under lease provision (abuse of discretion reversed) |
| Effect of trial court’s withdrawal ruling | Writ of withdrawal affected trial strategy | Not central to damages | Not decisive in outcome (moot argument) |
| Whether damages for wallpaper restoration beyond unpaid rent were proven with reasonable certainty | Expert cost estimates establish reasonable certainty | Costs speculative beyond hallway/stairwell | Evidence insufficient to prove excess restoration damages |
Key Cases Cited
- Elias v. Youngken, 493 A.2d 158 (R.I.1985) (clear contract language governs intent and consequences)
- Tortolano v. DiFilippo, 115 R.I. 496 (1975) (cost-of-repair vs diminution in value depending on damage permanence)
- National Chain Co. v. Campbell, 487 A.2d 132 (R.I.1985) (damages proven with reasonable certainty; cannot rely on speculation)
- Bean v. Sears, Roebuck & Co., 276 A.2d 613 (1971) (distinction between cost of repair and diminution in value)
- Rodrigues v. DePasquale Building and Realty Co., 926 A.2d 616 (R.I.2007) (unambiguous contract terms applied as written)
- Moore v. Ballard, 914 A.2d 487 (R.I.2007) (American Rule with contractual fee authorization potential)
- Napier v. Epoch Corp., 971 A.2d 594 (R.I.2009) (attorneys’ fees awarded at court’s discretion under contract)