Bernstein v. Fernandez, 649 A.2d 1064 (1991)

Citation: Bernstein v. Fernandez, 649 A.2d 1064 (1991)
Parent Document: Bernstein v. Fernandez, 649 A.2d 1064 (1991)
Jurisdiction: DC (municipal)
Effective Date: 1991-03-28
Original Source: https://www.courtlistener.com/opinion/2103411/bernstein-v-fernandez/ ↗

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Daysi Fernandez sued her landlords, Howard and Maxine Bernstein, trading as H & M Enterprises (H & M), because of leaking and falling ceilings that were frequently torn down and repaired, but always leaked and crumbled anew, and because of rodent infestation that was never eliminated, although traps and poison did kill some rodents. Fernandez sought compensatory damages for breach of a settlement agreement and consent order (in which H & M had agreed to correct the ceiling and rodent problems, among numerous others), breach of implied warranty of habitability, nuisance, and intentional *1067 infliction of emotional distress, as well as punitive damages on all four claims. After a seven-day trial, the jury found for Fernandez on every claim, but the trial court granted a judgment notwithstanding the verdict on the emotional distress claim and set aside its compensatory and punitive damage awards. We hold that the trial court correctly granted this judgment n.o.v. In addition, however, we hold that it should have directed a verdict for H & M on the nuisance claim, and should also have set aside the other punitive damage awards because punitive damages are not available for contract-based claims. We therefore affirm the judgment in part and reverse it in part. I. FACTUAL BACKGROUND

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