Heath v. Palmer, 2006 VT 125 (2006)

Citation: Heath v. Palmer, 2006 VT 125 (2006)
Parent Document: Heath v. Palmer, 2006 VT 125 (2006)
Jurisdiction: Vermont (state)
Effective Date: 2006-11-20
Original Source: https://www.courtlistener.com/opinion/2092056/heath-v-palmer/ ↗

Full Text

1,073 chars

¶ 1. Plaintiffs Joanne and Jerry Heath filed a three-count complaint against defendant Warren Palmer and several corporate entities owned by Palmer (defendants) alleging consumer fraud, contractor's negligence, and breach of contract and warranty in the construction and sale of a new home located in the Town of Jericho. The *1292 court rejected plaintiffs' negligence and fraud claims but entered judgment for plaintiffs on their warranty claim and awarded damages of $4,089.74. Plaintiffs appeal, contending that the court erred by: (1) limiting defendants' liability to construction defects reported within one year of the closing; (2) awarding lower damages for certain defects than the evidence warranted; (3) rejecting plaintiffs' consumer fraud and negligence claims; (4) refusing to hold defendant Palmer individually liable; and (5) denying plaintiffs' request for prejudgment interest. As explained below, we affirm the court's rulings in most respects, but reverse and remand for further findings and conclusions with regard to the award for breach of warranty.

Other Sections in This Document (26)

Full Text