Not Reasonable and Necessary, Not Recoverable

In Hurt v. Goswami, the Fifth Court reversed part of the trial court’s summary judgment concerning the award of damages for repairs to a leased property. The Court found that the evidence provided by the landlord was insufficient to establish the reasonableness and necessity of the claimed repair costs. Specifically, the Court noted that “[m]ere proof of amounts charged or paid does not raise an issue of reasonableness,” and without expert testimony or other supporting evidence, the summary judgment awarding over $32,000 in repair costs could not stand. No. 05-22-00389-CV (Aug. 6, 2024).