In DeRosier v. Utility Systems of America, Inc. where DeRosier sued Utility Systems of America, Inc. for dumping too much fill dirt on his property, the appeals court held that:
A) the trial court was right to award DeRosier general damages so he could have the excess dirt removed, but wrong to award additional consequential damages since there was no claim for delay damages in the pleadings or discovery
B) the trial court was wrong to award DeRosier general damages so he could have the excess dirt removed, but right to award additional consequential damages since there was a claim for delay damages in the pleadings or discovery
C) the trial court was wrong to award any damages to DeRosier
D) the trial court was correct is all its awards to DeRosier
E) DeRosier's permit for dirt dumping was invalid

Question

Quizplus · Accepted Answer

The appeals court held that the trial court was correct to award general damages to DeRosier to remove the excess dirt, but wrong to award additional consequential damages since there was no claim for delay damages in the pleadings or discovery. This means that DeRosier was entitled to compensation for the cost of removing the dirt, but not for any other damages related to delay or other issues.

In DeRosier V