Fountainhead Development Corp. v. Dailey

Ruffin, Presiding Judge.

Roger and Violet Dailey sued Fountainhead Development Corporation, Inc. (“Fountainhead”), Chateau Elan Realty, Inc. (“Chateau Elan Realty”), Premier Builders, Inc. (“Premier”), and Premier’s president, Michael Massey, for negligent representation, breach of contract, negligent construction, fraudulent conversion, and breach of warranty relating to the construction of their new home. They also sought litigation expenses and punitive damages.

Premier and Massey filed for bankruptcy, imposing an automatic stay on the Daileys’ claims against them. A jury subsequently found…