Virginia Lawyers Weekly

At the conclusion of all of the evidence by both parties, the plaintiff, a modular home dealer, renewed its Motion for Partial Summary Judgment as to its cause of action for breach of the contract for the sale of a modular home against the defendant purchaser (Stanley).

The court ruled that the plaintiff was entitled to judgment as a matter of law as to this cause of action. The evidence proved that defendant purchaser breached the contract by failing to pay amounts due for delivery of the home and that the plaintiff performed all of its obligations under the contract. The contract provided for recovery of attorneys’ fees, and the evidence showed that the plaintiff incurred significant attorneys’ fees in defending multiple causes of action brought by the defendant purchaser in federal and state court, all of which were dismissed prior to trial.

The court ordered that the plaintiff recover judgment against the defendant purchaser in the amount of $73,000 with prejudgment and post-judgment interest at the legal rate of 6 percent, and that the plaintiff recover its attorneys’ fees from defendant purchaser in the amount of $68,000.

After the court’s ruling, the only remaining issue for the jury was the plaintiff’s claim for breach of a partial settlement agreement against defendant purchaser and his girlfriend, Genevicz, who had denied the plaintiff access to the property to which the home was delivered.

The jury returned its verdict in favor of the plaintiff and against the two defendants, jointly and severally. The jury awarded the plaintiff additional attorneys’ fees in the sum of $5,000 and granted specific performance of the settlement agreement; the jury granted access to the plaintiff to remove the modular home from the property.

[09-T-092]

Type of Action: Breach of contract and settlement agreement
Name of Case: Yates Mobile Services Corp. t/a Yates Home Sales v. Antionio Vega Stanley and Sandra Genevicz
Court: Pittsylvania County Circuit Court
Trial Before: Jury
Judge: Charles J. Strauss
Verdict/Settlement: Verdict
Verdict Date: April 14, 2009
Amount: $146,000 with prejudgment interest
Plaintiff’s Attorneys: W. Huntington Bymes and Seth M. Land, Danville

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