Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (60)

Full Text

713 chars
This count, for the negligent infliction of emotional distress, must fall by the side as well because the Hamiltons have no reasonable expectation of establishing the presence of dangerous levels of mold, a state Sanitaiy Code violation or physical harm caused by AvalonBay’s negligence. Thus, since neither negligence nor causation can be established, this count, too, must be dismissed. An earlier session judge (Fremont-Smith, J.) dismissed the claims of the two Hamilton children due to a lack of sufficient objective symptomatology. Given the exclusion of Drs. Ohman and Weinbergs testimony, this *440court is now compelled to render the same result as to the claim of their father, Paul Hamilton. Count VIII