Goodwin v. Franklin (2012)

Citation: Goodwin v. Franklin (2012)
Parent Document: Goodwin v. Franklin (2012)
Jurisdiction: Vermont (state)
Effective Date: 2012-12-20
Original Source: https://www.courtlistener.com/opinion/4489763/goodwin-v-franklin/ ↗

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Tenants are therefore entitled to compensatory damages for each of the 515 days
they were without adequate flow of water to their residence. A reasonable compensatory
amount is $50 per day, which is equal to the amount of the fine imposed in the September
20, 2011 Order for further violations. In addition, Tenants are also entitled to $25 per
day in punitive damages due to the willful, malicious, and continued actions of Landlord
over a two-year period. Although the total amount of punitive damages substantially
exceeds those upheld in Villeneuve, the nature of the conduct is different. In this case,
there has been a long-term, relentless, deliberate campaign of harassment through water
shut-offs and reductions in water pressure lasting two years, despite several warnings and
opportunities to comply with the law and court orders. Orders to stop the shut-offs and
provide sufficient water have been flagrantly violated. In sum, Tenants are entitled to a
total of $75 per day in damages for each of the 515 days that they were without sufficient
water, for a total of $38,625.00 through November 14, 2012. This daily total amount of
$75 is reasonable in relation to the cost that Tenants would have had to pay to stay in
motels or other accommodation while their residence was without sufficient water
supply, especially considering the number of people in their household.

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