Driscoll v. Toll MA Ltd. Partnership, 26 Mass. L. Rptr. 345 (2009)

Citation: Driscoll v. Toll MA Ltd. Partnership, 26 Mass. L. Rptr. 345 (2009)
Parent Document: Driscoll v. Toll MA Ltd. Partnership, 26 Mass. L. Rptr. 345 (2009)
Jurisdiction: Massachusetts (state)
Effective Date: 2009-12-28
Original Source: https://www.courtlistener.com/opinion/8357328/driscoll-v-toll-ma-ltd-partnership/ ↗

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Here, the plaintiffs have alleged that the negligent construction of their home has damaged personal property in their basement and has contributed to large accumulations of water on their property. Accordingly, the plaintiffs have alleged sufficient non-economic losses to establish recoverable damages under their negligence theory, and the defendants are not entitled to summary judgment on this ground. See Aldrich v. ADD, Inc., 437 Mass. 213, 222 (“[Wjhere the pecuniary losses sustained by a plaintiff result from physical harm to property proximately caused by a defendant’s alleged negligence, such plaintiff has a right to recovery”).

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