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ARTICLE ID 195958

$________ JURY ON COUNTERCLAIM – Contract – Plaintiff alleged that defendant charged an excessive and unreasonable price to remove tractor trailer and clean highway following a spill – Defendant counterclaimed for monies due.

Bristol County, MA

In this matter, the plaintiff brought suit alleging breach of contract, unjust enrichment, and consumer fraud, for what it called an excessive and unreasonable invoice for the removal and cleaning of the highway following the rollover of one of the plaintiff’s tractor trailers. The defendant counterclaimed for monies due on its invoice.

The plaintiff’s tractor trailer rolled over on the ramp by Interstate 95 and Interstate ________. As a result of the rollover and resulting spill, the defendant towing company was called by the state police to recover the vehicle and tow it, as well as clean the spill on the highway. The plaintiff received an invoice from the defendant for the sum of $________, and refused to release the plaintiff’s vehicle until the bill was paid in full or a bond in excess of that amount was posted. The plaintiff alleged that the bill was excessive and unreasonable. The plaintiff posted a bond in the amount of $________ as required by the towing company to secure the return of its vehicle. The plaintiff brought suit against the defendant towing company alleging breach of contract, unjust enrichment, conversion, breach of the implied covenant of good faith and fair dealing, and unfair trade practices in violation of Connecticut’s consumer laws.

The defendant denied the allegations, and maintained that all the work was performed in a workmanlike manner, and the charges were fair and reasonable for the services performed. The defendant brought a counterclaim seeking the monies due to it.

The matter proceeded to trial.At the conclusion of the trial, the jury determined that the defendant was entitled to the monies earned in the amount of $________ for its fair and reasonable services. No monies were awarded to the plaintiff.

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