Plaintiffs alleged that defendants had failed to make necessary repairs to plaintiffs’ vehicle and had actually damaged the vehicle, and the trial court relied on plaintiff Burton’s affidavit – saying the vehicle was undriveable and had sustained $22,750 in damages – when it denied defendants’ motion for summary judgment. At trial, Burton admitted that the truck was driveable, and plaintiffs were unable to provide evidence of damages to support their claims. Under these circumstances, the trial court did not abuse its discretion by awarding attorney’s fees to defendants pursuant to G.S. § 75-16.1.
Burton Construction Cleanup & Landscaping, Inc. v. Outlawed Diesel Performance, LLC (Lawyers Weekly No. 011-280-18, 10 pp.) (Philip Berger, J.) Appealed from Forsyth County Superior Court (Susan Bray, J.) Matthew Spencer for plaintiffs; Joshua Bennett for defendants. N.C. App.