Willard v. PARSONS HILL PARTNERSHIP, 2005 VT 69 (2005)

Citation: Willard v. PARSONS HILL PARTNERSHIP, 2005 VT 69 (2005)
Parent Document: Willard v. PARSONS HILL PARTNERSHIP, 2005 VT 69 (2005)
Jurisdiction: Vermont (state)
Effective Date: 2005-08-05
Original Source: https://www.courtlistener.com/opinion/2081593/willard-v-parsons-hill-partnership/ ↗

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Though the trial court reached the correct conclusion, its rationale contained a minor error. The court concluded that plaintiffs’ claim did not implicate Taggart Brothers’ negligence because defendants’ liability, if any, will flow from their failure to notify the tenants of the contamination problem. While defendants’ alleged failure to disclose the contamination problem to the tenants is troubling, standing alone, it cannot form the basis of warranty-of-habitability liability. Instead, liability is based on defendants’ failure to timely remedy the problem. Nonetheless, we affirm because the trial court’s rationale captures the essential point: any liability on this claim will result entirely from defendants’ intentional failure to take action required by law. See In re Audet, 2004 VT 30, ¶ 10, 176 Vt. 617, 850 A.2d 1000 (mem.) (noting that Court may affirm correct result even when reached by improper rationale). --- 040dissent by Dooley ---

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