Avalonbay Communities, Inc. v. Hamilton, 26 Mass. L. Rptr. 436 (2010)

Citation: Avalonbay Communities, Inc. v. Hamilton, 26 Mass. L. Rptr. 436 (2010)
Parent Document: Avalonbay Communities, Inc. v. Hamilton, 26 Mass. L. Rptr. 436 (2010)
Jurisdiction: Massachusetts (state)
Effective Date: 2010-02-05
Original Source: https://www.courtlistener.com/opinion/8357366/avalonbay-communities-inc-v-hamilton/ ↗

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All but three of Hamilton’s counts in his counterclaim assert that mold exposure caused him to suffer respiratory illnesses. (See counts I, II, III, VI, VII, VIII, IX, X, and XII.) Causation is obviously an essential element to recover for personal injuries. The Court’s exclusion of Drs. Ohman and Weinberg’s opinions rendered a fatal blow to all such personal injury claims. Hamilton cannot reasonably expect to establish the necessary causal link between the mold and his claimed personal injuries. Thus, as a starting point, AvalonBay’s motion for summary judgment must be granted on all of the Hamiltons’ personal injury claims. We now address each count in Hamilton’s counterclaims. Count I

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