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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Under Vermont law, a party may recover damages stemming from negligence in
addition to damages resulting from breach of contract, i.e., breach of the Warranty of
Habitability. Willard v. Parsons Hill P’ship, 2005 VT 69, ¶ 31, 178 Vt. 300 (citing
Favreau v. Miller, 156 Vt. 222, 229–30 (1991)). “[T]he two actions provide different
remedies for different wrongs.” Id. Unlike an action for breach of the Warranty of
Habitability, however, “the law of negligence involves more difficult questions of
causation and comes into play only when . . . a plaintiff has sustained a personal injury.”
Id. (citing Favreau, 156 Vt. at 230). Here, although it is clear that Landlord’s actions
caused great distress and inconvenience to Tenants, there is insufficient evidence to
support a finding of personal injury. This claim is therefore denied. Consumer Fraud

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