ROBERT MCCOLLUM, ET AL. v. DARRELL PETERS - Articles

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Posted by: Chandra Williams on Jul 23, 2015

Court: TN Court of Appeals

Attorneys 1:

Thomas A. Peters, Kingsport, Tennessee, for the appellant, Darrell Peters.

Attorneys 2:

Jason S. Shade, Johnson City, Tennessee, for the appellees, Robert McCollum and Kimberly McCollum.

Judge(s): SUSANO

Robert and Kimberly McCollum (Plaintiffs) sued Darrell Peters (Defendant) for damages incurred after a garage he built partially collapsed. Their complaint alleged multiple claims for relief including breach of contract, violations of the Tennessee Consumer Protection Act (the TCPA), various forms of fraud and/or intentional misrepresentation and negligence. Following a bench trial, the court ruled in favor of the Plaintiffs. The court held that, with respect to his construction of the garage, Defendant was guilty of promissory fraud, made fraudulent misrepresentations in violation of the TCPA, and acted recklessly by consciously acting contrary to his representations. The trial court entered judgment awarding Plaintiffs a sum total of $56,103.50 including compensatory damages, punitive damages, and attorney?s fees. Defendant appeals. We affirm.

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