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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Homesavers Council of Greenfield Gardens, Inc. v. Sanchez, 70 Mass. App. Ct. 453 (2007)

Citation
Homesavers Council of Greenfield Gardens, Inc. v. Sanchez, 70 Mass. App. Ct. 453 (2007)
Parent Document
Homesavers Council of Greenfield Gardens, Inc. v. Sanchez, 70 Mass. App. Ct. 453 (2007)
Jurisdiction
Massachusetts (state)
Effective Date
2007-10-10

Other Sections in This Document (33)

Full Text

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Whether damages for emotional distress may be awarded as consequential damages for a violation of G. L. c. 186, § 14, has not been decided expressly. Both the Supreme Judicial Court and this court have assumed, without saying so directly, that such damages are available. In Simon v. Solomon, 385 Mass. 91, 107-111 (1982), the court determined that an award of damages of $10,000 for a violation of G. L. c. 186, § 14, was redundant in light of a separate award of $35,000 for reckless infliction of emotional distress, but did not question the trial judge’s instruction that actual and consequential damages under G. L. c. 186, § 14, could include any damage resulting from *458emotional distress. See Dorgan v. Loukas, 19 Mass. App. Ct. 959, 960 (1985), wherein we affirmed without comment a finding of $2,000 in emotional distress damages as a consequence of the defendants’ violations of G. L. c. 186, § 14.