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/ ↗

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*543Again, however, the defendants contend that the Trustees are barred by the economic loss doctrine from recovering in negligence for the improper attic ventilation. 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. The damage alleged by the Trustees is mold contamination and premature roof failure. As discussed supra, the Trustees failed to prove by a preponderance of the credible evidence that improper attic ventilation substantially contributed to either mold growth or the premature failure of the roofs. That the inadequate ventilation might eventually lead to decay of the timbers, rafters and plywood in the attic and roof, was not proven and in any event, is insufficient to avoid application of the economic loss doctrine. See Sebago, Inc. v. Beazer East, Inc., 18 F.Sup.2d at 94-95. Thus, the Trustees cannot recover in negligence for the improper attic ventilation. 5.Fire walls and Fire stops

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