Harrison v. McMillan
Mississippi Supreme Court
828 So. 2d 756 (2003)
- Written by Rich Walter, JD
Facts
Julia and Neil Harrison (defendants) downplayed the structural problems in a house they built and sold to Dr. Fred McMillan (plaintiff). In fact, the problems were major. Even after McMillan made costly and extensive repairs, the house’s appraised value was far below that of properly built similar properties. McMillan successfully sued the Harrisons. Based on the trial court’s instruction, the jury awarded McMillan compensatory damages not only for his repair costs but also for the diminution in his house’s value and his attorney’s fees. The Harrisons contended that the jury improperly pyramided the house’s lost value on top of McMillan’s repair costs and appealed to the Mississippi Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Easley, J.)
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