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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

cook v johnson comm housing, No. 22-cv-3458 (Vt. Super. Ct. 2025)

Citation
cook v johnson comm housing, No. 22-cv-3458 (Vt. Super. Ct. 2025)
Parent Document
cook v johnson comm housing, No. 22-cv-3458 (Vt. Super. Ct. 2025)
Jurisdiction
Vermont (state)
Effective Date
2025-10-03

Other Sections in This Document (29)

Full Text

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9 V.S.A. § 4458(a). Alliance’s statement of undisputed facts demonstrates that such
prerequisites did not occur here. Moreover, Plaintiffs seek damages for personal injuries and
pain and suffering, which are not recoverable on a contract/warranty theory. See Favreau v.
Miller, 156 Vt. 222, 229-30, 591 A.2d 68, 73 (1991) (“[I]n the adjudication of a lawsuit for relief
from personal injury, the concepts of tort and negligence law provide the more straightforward
way to describe the respective duties and liabilities of the parties. Where a tenant leases
substandard premises, she [may] recover from the landlord her excess rental payments, her
consequential damages for annoyance and discomfort and, in certain instances, punitive
damages.”); id. at 233 (Dooley, J., dissenting) (“I concur in the rejection of a warranty theory for
personal injury damages.”); Jones v. Coughlin, No. 519-8-04Rdcv, 2006 WL 4959629 (Vt.
Super. Ct. Feb. 02, 2006) (Norton, J.) (“[O]ur Supreme Court has . . . held that the implied
warranty of habitability does not support damages for personal injury.” (citing Favreau, 156 Vt.
at 129-30)). Therefore, Alliance’s motion for summary judgment is granted as to the Breach of
Contract/Warranty of Habitability claim. II. Consumer Protection Act.