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Case of the Month February 2022

Court Awards Painting, Decorating Services Company $12.8K for Unjust Enrichment Claim

Masterpiece Painting & Cleaning Inc. v. Michna

Case Type:
Contracts - Breach
Contracts - Professional Services
Contracts - Quantum Meruit

Specific Liability:
A corporation that specialized in providing painting and decorating services asserted that homeowners had breached the parties' agreement and were unjustly enriched by failing to pay it amounts due for the services that it had provided for their residence

General Injury:
Not applicable

Jurisdiction:
State: Wisconsin
Circuit Court of Wisconsin, Second Judicial District, Racine County.

Related Court Documents:
Plaintiff's complaint: 2019 WL 13080361
Order for entry of judgment and judgment: 2021 WL 4936755

Case Name:
Masterpiece Painting and Cleaning Inc. v. Philip Michna and Lisa R. Michna

Docket/File Number:
2019-CV-001029

Result Amount:
Plaintiff, $12,786; reduced in judgment to $3,666.33

Result Date:
January 12, 2021

Judge:
Eugene Gasiorkiewicz

Attorneys:
Plaintiff: Todd A. Terry, Guttormsen, Terry & Nudo L.L.C., Kenosha, WI
Defendants: Mark Hinkston, Knuteson, Hinkston & Quinn S.C., Racine, WI

Result Type:
Bench Trial

Experts:
Plaintiff: Not Reported
Defendant: Not Reported

Breakdown of Award:
12,786.28 to plaintiff for damages
The court reduced the plaintiff's award to $2,786.28 after applying previous payments totaling $10,000.00. The court also subsequently awarded the plaintiff $880.05 in statutory attorney fees and taxable costs.

Summary of Facts:
Masterpiece Painting and Cleaning Inc., a Wisconsin corporation with its principal offices located in Racine, Wis., reportedly provided painting and decorating services for residential and commercial properties.

Masterpiece Painting asserted that Philip and Lisa Michna hired it in June 2018 to provide painting, staining and decorating services for their residence, located on Michna Road in Racine, Wis.

Masterpiece Painting asserted that it had provided the requested services to the Michnas; however, the Michnas allegedly failed to pay it the full amount due and owing for its services.

Despite demands for payment, Masterpiece Painting asserted that the Michnas failed to pay it the balance due for its services, which was in the approximate sum of $19,780.

Masterpiece Painting filed a lawsuit against Philip and Lisa Michna. In its complaint filed in April 2019, the plaintiff asserted claims for breach of contract, unjust enrichment and quantum meruit against the defendants.

Specifically, the plaintiff asserted that the defendants had breached the parties' contract by failing to pay it for its painting, staining and decorating services. The plaintiff also contended that the defendants would be unjustly enriched if they were able to retain the full value of the services without paying Masterpiece Painting for the work that it had performed.

The plaintiff sought monetary damages against the defendants, which included the balance owed to it in the amount of $19,780, together with costs and fees in the matter.

The defendants generally denied the plaintiff's allegations and denied liability in the matter.

The matter proceeded to a bench trial in November 2020. In an order for entry of judgment and judgment filed Jan. 12, 2021, the court entered judgment in Masterpiece Painting's favor on its unjust enrichment claim against the Michnas.

The court also ordered that the plaintiff's claims against the defendants for breach of contract and quantum meruit would be dismissed with prejudice. In addition, the court ordered that a counterclaim that the defendants had filed against Masterpiece Painting would be dismissed with prejudice.

Regarding the plaintiff's claim for unjust enrichment against the Michnas, the court ordered that the plaintiff was entitled to recover judgment against the defendants in the total amount of $12,786.28, less a previous payment in the amount of $5,000 and remedial work performed in the amount of $5,000, for a judgment reduced to $2,786.28.

In addition to a monetary award of $2,786.28, the court ordered that the plaintiff would recover $300 in statutory attorney fees and $580.05 in taxable costs, for a total judgment in the amount of $3,666.33.

Circuit Court of Wisconsin, Second Judicial District, Racine County.

Westlaw Citation:
2021 WL 4989947