Can I sue for unjust enrichment for the full amount because I accidentally installed the wrong line?
Full Question:
Answer:
It will be a matter of determination for the court, based on all the facts and circumstances involved. If you have already appealed, it may prevent you from pursuing the claim on another theory, as the court doesn't allow multiple claims on the same issue. Once a final judgment has been reached in a lawsuit, subsequent judges who are presented with a suit that is identical to or substantially the same as the earlier one will apply the doctrine of res judicata to uphold the effect of the first judgment.
I am prohibited from giving legal advice, as this service provides information of a general legal nature. Generally, a person has a duty to mitigate (lessen) their damages. The answer will depend in part on whether it is necessary to disconnect and establish new service. It may be possible to create an agreement to share the existing line. If the establishment of a new line was considered to be duplicative or involving greater expense, a recovery may be denied on the basis that it violated the duty to mitigate damages. If the mistake could have been avoided with reasonable investigation, that may also be considered by the court in denying a recovery. I suggest you contact a local attorney who can review all the facts and documents involved.
