CHARLES W. WELCH, III JUDGE
Ms. Candice Hill
970 Whatcoat Drive, Apt. #22
Dover, DE 19904 Ms. Kendyll Hill
27 Primrose Court
Dover, DE 19901 Ms. Claudia Johnson
5 Cambridge Drive
Jackson, NJ 08527 Order for Damages (After Inquisition Hearing) Dear Ms. Candice Hill, Ms. Kendyll Hill, and Ms. Johnson:
This matter involves a civil debt action for the return of a security deposit and for reimbursement for items damaged by mold at a rental unit. A judgment was entered for the plaintiffs, Candice Hill (hereinafter "Candice") and Kendyll Hill (hereinafter "Kendyll"), and against the defendant, Claudia Johnson, pursuant to Court of Common Pleas Civil Rule 16(b)(2) for the defendant's failure to comply with the Court's order of November 17, 2017. That order required the defendant to file a Pre-Trial Conference Worksheet for this action. An inquisition hearing for damages to be awarded as a result of the judgment was held by the Court and the Court reserved decision. This correspondence constitutes the Court's decision. Judgment is entered for the plaintiffs and against the defendant in the total amount of $5,300.00, plus court costs and post-judgment interest at the legal rate of 7.25%.
The November 17, 2017, order provided that judgment would be entered for the plaintiff if the defendant failed to file a Pre-Trial Worksheet by December 1, 2017.
In their Complaint, the Plaintiffs also included a demand for damages for pain and suffering. However, no evidence was presented to prove that claim. Therefore, it is waived.
At the inquisition hearing for this matter, the following facts were established on the record by preponderance of the evidence:
Kendyll rented a residence from the defendant in which to live along with her daughter, Candice, and other members of her family. The family moved into the rental unit on or about March 16, 2015. They left the rental unit on or about October 31, 2015. The rental unit had four bedrooms, one of which was located in the basement along with a family room. Candice moved into the basement bedroom along with her two year old son during the period that the plaintiffs lived in the rental unit. While living in the basement, items owned by Candice for herself and her son were damaged by mold and mildew, which caked the items. Items that were damaged as result of the mold and mildew included a king size bed and mattress, a stroller, a pack and play and almost the entire collection of clothes and shoes that Candice had for herself and her son. The Court finds that the items that were destroyed and needed to be discarded by Candice had a fair market value of $4,000.00, the amount demanded by the plaintiffs. Additionally, upon leaving the rental unit and terminating the lease that Kendyll had with the defendant, Kendyll never received the reimbursement of her $1,300.00 security deposit from the defendant. She is entitled to the return of the security deposit as the defendant has failed to assert a counterclaim against the plaintiffs for damage done to her rental unit.
The defendant waived any counterclaim she could have asserted against the plaintiffs for damage done to her rental unit when she failed to comply with the Court's order of November 17, 2017. --------
Given its conclusions of fact and law, the Court enters judgment in the total sum of $5,300.00 as follows: (1) in the amount of $1,300.00 (the amount of the security deposit) to Kendyll plus post-judgment interest at the legal rate of 7.25% and (2) in the amount of $4,000.00 (for the damaged items) to Candice plus post-judgment interest at the legal rate of 7.25%. The plaintiffs are also awarded the reimbursement of court costs.
IT IS SO ORDERED.
Sincerely,
/s/
Charles W. Welch, III CWW:mlb
pc: File