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Man seeks damages restitution of damage to borrowed RV

SOUTHEAST TEXAS RECORD

Sunday, December 22, 2024

Man seeks damages restitution of damage to borrowed RV

State Court
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John Hamilton has filed a civil complaint against Corey Gonzalez in Harris County, Texas, seeking monetary relief for damages allegedly caused by Gonzalez. The lawsuit was officially filed on February 22, 2024, in the County Civil Court at Law No. 3 of Harris County.

According to the complaint, John Hamilton, a resident of Fort Bend County, Texas, accuses Corey Gonzalez of damaging his recreational vehicle (RV) while it was borrowed by Gonzalez. The plaintiff claims that the defendant's actions resulted in significant damage to the RV and seeks compensation for repair costs amounting to $20,632.00. The plaintiff asserts that this sum covers both reasonable and necessary repairs required due to the alleged damage caused by Gonzalez.

The case revolves around two primary causes of action: negligence and breach of contract. Hamilton alleges that Gonzalez exhibited "unconscionable behavior" and "negligence" leading to substantial damage to the RV. Additionally, Hamilton claims that there was an agreement between him and Gonzalez wherein Gonzalez promised to take care of the RV and return it in its original condition. However, according to Hamilton, this promise was breached when Gonzalez returned the RV in a damaged state and refused to cover the repair costs.

Hamilton further contends that he lent his RV to Gonzalez based on a mutual understanding that any damages incurred during its use would be covered by Gonzalez under principles of implied contract or quantum meruit. Despite benefiting from the use of the RV, Hamilton alleges that Gonzalez failed to fulfill his responsibilities by not paying for the necessary repairs.

The plaintiff is seeking various forms of relief from the court including:

1. Damages amounting to at least $20,632.00.

2. Prejudgment interest from the date of default.

3. Post-judgment interest at the maximum legal rate as provided by law.

4. Reasonable attorney’s fees estimated at $3,500.00.

5. Court costs.

6. Any other relief deemed justly entitled by law or equity.

Representing John Hamilton is Yonatan Z. Gerber from The Gerber Law Firm P.C., located in Bellaire, Texas.

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