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Woman awaits small claims award months after winning judgement against business

Posted at 6:39 PM, Apr 30, 2018
and last updated 2018-04-30 19:06:28-04

CEDAR SPRINGS, Mich. -- Kelly Fittro said she had her driveway sprayed with sealcoating last summer. However, she said the company also sprayed her vehicle and garage door by mistake.

"When the guy came to look at the driveway, he said put whatever car you're gonna drive for a couple days here [in the grass] because we can't have you driving in the driveway," Fittro recalled.

She said about an hour later she noticed black specks on the garage "and we went over to the truck, and you could see it just coating the entire truck, the windows, the trim, everything."

The Cedar Springs homeowner said Randy Dawe, owner of Quick and Thick Asphalt Maintenance, paid for the truck to get professionally cleaned. It cost $250. Fittro said Dawe tried to power wash the specks off of her garage himself. When it didn't work, she said Dawe got a company to come out and give a price quote on replacing the garage door paneling. But she said he refused to pay because, as he also told FOX 17, he believed the sealcoat material was already there.

"So I took him to small claims court, and I won that case. So I've been waiting for him to pay for that since September," Fittro said.

She got a judgement in her favor for $828, but she never received payment from Dawe.

Dawe told FOX 17, "Well, I lost the judgement, but I've never been notified to pay it and pay it to who?"

Dawe, who showed up to court, said he tried working with Fittro in good faith after accidentally spraying her vehicle.

He explained, "We did the damage to her car for sure. But we paid for that. But the door I contend wasn't us because the way we do the process."

Dawe added, "After the judgement, I was willing to pay as well. I've never been notified by the court, by her, by anybody to where do I send the money to."

Dawe said he'll contact the court to learn about the payment process.