2314 Lincoln Park West Condominium Association v. Mann, Gin, Ebel, & Frazier Limited

Brief Fact Summary.

Defendant’s, Mann, Gin, Ebel, & Frazier Limited (limited), were sued by Plaintiff Lincoln Park West Condominium Association (Lincoln) for negligently designing their Condos.

Synopsis of Rule of Law.

In tort law, in order for a plaintiff to recover damages, they must suffer some sort of damage beyond that of pure economic loss.

Facts.

Lincoln brought suit against limited alleging they negligently designed 39 condominiums and their occupants sought damages and the cost of repair. The owners of the 39 condos were dissatisfied with the quality of the windows and doors.

Issue.

Whether in tort law, in order for a plaintiff to recover damages they must suffer some sort of damage beyond that of pure economic loss.

Held.

Yes. In tort law, in order for a plaintiff to recover damages they must suffer some sort of damage beyond that of pure economic loss.

Concurrence.

Yes

Discussion.

Traditionally in tort law, a plaintiff cannot merely suffer an economic loss to recover against a defendant and if they do they must seek recourse and damages under contract law. Here, the plaintiffs have claims stemming from breach of contract regarding the quality of the condos and that is the path that is most reasonable for a plaintiff to take in this situation. While there are exceptions courts have carved out to allow recover for pure economic loss, such as in medical malpractice cases, because the plaintiff usually also alleges a personal injury, that is lacking here. The plaintiffs have alleged no personal injury but have only alleged economic loss based on damages from poor quality work.