Raymond v. Feldmann

On reconsideration, I would conclude that the trial court did not err in awarding defendant attorney fees as consequential damages. Accordingly, I dissent.

Defendant alleged the release agreement as both an affirmative defense to plaintiffs action and as a counterclaim. After finding that the agreement was valid, the trial court *550awarded, as consequential damages for breach of the release agreement, the amount of defendant’s attorney fees for preparing and defending the personal injury action.1 Plaintiff does not contest the trial court’s finding that she breached her agreement by suing…