• Tom Cummins

Damages for personal injuries?

Tingler v. Graystone Homes (Va. Oct. 31, 2019)


A family contracts with a company to build a home. It leaks, resulting in mold, resulting in a sick family. Can they sue (in tort) for personal injuries?


Virginia Supreme Court: Yes, if the personal injuries are caused by the company’s actions; no, if the injuries are caused by the company’s inactions.


Bottom line: As the plaintiff, to make your claims viable, frame the events in active terms (misfeasance); as the defendant, of course, flip it and reframe it (nonfeasance).

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