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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The Trustees have established that the defendants failed to use reasonable care in the attachment of chimneys by nailing 2-by-4 frames to plywood sheathing with 16-penny nails. This method violated section 715 of the 1980 Building Code. See McAllister v. Boston Housing Auth., 429 Mass. at 305 (violation of the building code is some evidence of negligence). Again, however, the Trustees are barred from recoveiy by the economic loss doctrine, as they have failed to demonstrate that the improper chimney fastening caused personal injury or physical damage to properly other than the defective chimneys themselves. See Berish v. Bomstein, 437 Mass. at 268. 7.Cut-in Decks

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