Berish v. Bornstein, 21 Mass. L. Rptr. 530 (2006)

Citation: Berish v. Bornstein, 21 Mass. L. Rptr. 530 (2006)
Parent Document: Berish v. Bornstein, 21 Mass. L. Rptr. 530 (2006)
Jurisdiction: Massachusetts (state)
Effective Date: 2006-05-22
Original Source: https://www.courtlistener.com/opinion/8356288/berish-v-bornstein/ ↗

Full Text

1,914 chars

However, the defendants contend that the Trustees are barred by the economic loss doctrine from recovering in negligence for the improper bathroom ventilation. Purely economic losses14 are not recoverable in tort, in the absence of personal injury or physical damage to property other than the defective product itself. Berish v. Bornstein, 437 Mass, at 267; Aldrich v. ADD, Inc., 437 Mass. 213, 222 (2002). To recover under a theory of negligence, the plaintiffs must demonstrate “property damage beyond the defects in the condominium units themselves.” Berish v. Bornstein, 437 Mass. at 268. Cf. Aldrich v. ADD, Inc., 437 Mass. at 222-23 (economic loss doctrine did not bar recovery against negligent architect where negligent design caused physical damage to the common areas of a condominium and to cars parked in a leaking garage). The defendants contend that the Trustees’ negligence claim is barred because the only alleged damage caused by the improper bathroom ventilation is mold contamination and future decay of the rafters and sheathing. As discussed supra, the Trustees failed to prove by a preponderance of the credible evidence that the improper ventilation resulted in significant mold growth in 31 condominium units. In addition, the Trustees failed to prove that the improper ventilation system will cause decay of the rafters and sheathing. In any event, the mere possibility of future personal injury or property damage is insufficient property damage to avoid the economic loss doctrine and permit recovery in negligence. See Sebago, Inc. v. Beazer East, Inc., 18 F.Sup.2d 70, 94-95 (D.Mass. 1998) (economic loss doctrine barred owner’s negligence claim for defective roof where only damages were to building itself and tenant’s property). Given the lack of proof of property damage beyond the defective ventilation system itself, the Trustees’ negligence claim must fail. 4.Attic ventilation

Other Sections in This Document (121)

Full Text