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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 17

Citation
§ 17
Parent Document
Simon v. Solomon, 431 N.E.2d 556 (1982)
Jurisdiction
Massachusetts (state)
Effective Date
1982-01-18

Other Sections in This Document (136)

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363 Mass. 579, 583-589 (1973). The combination in § 14 of both actual and consequential damages, therefore, suggests that the Legislature intended to include all reasonably foreseeable losses — personal as well as economic — within the scope of statutory recovery. In the present case, not only were Solomon’s injuries foreseeable, but the jury found specifically that Gem knew or should have known that if it permitted floods to occur, Solomon would suffer emotional harm. Therefore, Solomon’s claim for emotional distress was within the scope of § 14, and was properly considered in the determination of attorneys’ fees.