DeRosier v. Utility Systems of America, Inc.

Chad DeRosier (plaintiff) purchased property in 2004 in order to build a house. The property sloped steeply down from the road and required fill. DeRosier talked to Utility Systems of America, Inc. (USA) (defendant) about needing fill, because USA was excavating nearby for a road-construction project. DeRosier requested that USA dump some of the fill material onto his property. USA agreed to do so as long as DeRosier obtained the proper permits, as this allowed USA to save money that would have been spent on hauling and disposing of the fill. DeRosier obtained a permit that allowed 1,500 cubic yards of fill to be deposited on his property, and delivered the permit to USA. DeRosier subsequently discovered that USA had dumped 6,500 cubic yards of fill instead of 1,500. DeRosier demanded that USA remove the excess fill, but USA refused. DeRosier’s contractor estimated that the removal of the fill would cost at least $20,000. DeRosier threatened to sue USA if the fill was not removed. USA refused to do so unless DeRosier paid $9,500, which USA represented would be its cost for removing the fill. DeRosier declined and contracted with another company to accomplish the task. DeRosier paid $22,859 for the removal of the excess fill. DeRosier sued USA for breach of the oral agreement to provide fill for the property. The trial court awarded DeRosier $22,829 for general damages and $8,000 for special or consequential damages. USA appealed to the Minnesota Court of Appeals.