Jose A. Aguilar v. RP MRP Washington Harbour, LLC
98 A.3d 979
D.C.2014Background
- Plaintiffs, employees of Washington Harbour tenants, sued after the 2011 flood closed workplaces and deprived them of wages.
- Flood at Washington Harbour occurred on April 18, 2011; flood walls allegedly were partially raised or not raised in time.
- Property owner/manager RP MRP Washington Harbour, LLC and RP MRP Real Estate Services Group, LLC controlled flood-wall operations.
- Plaintiffs assert a duty to raise flood walls to prevent economic injury to workers; warnings and notices allegedly gave sufficient forewarning.
- Trial court dismissed under the economic loss doctrine, rejecting foreseeability-based recovery; on appeal, court affirming the doctrine adopted by DC law.
- Court adopts the economic loss doctrine with a narrow special-relationship exception and finds no such relationship here.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does DC adopt the economic loss doctrine for purely economic negligence losses? | Aguilar argues DC has not adopted the doctrine. | DC follows majority adoption restricting pure economic loss claims. | Yes, DC adopts the economic loss doctrine. |
| Is there a special-relationship exception that allows recovery here? | Plaintiffs claim a special relationship with owners. | No special relationship exists between landlords and tenants’ employees. | No special relationship; doctrine bars the claim. |
Key Cases Cited
- People Express Airlines, Inc. v. Consolidated Rail Corp., 495 A.2d 107 (N.J. 1985) (foreseeability approach criticized; limitations on pure economic loss)
- Williams v. Baker, 572 A.2d 1062 (D.C. 1990) (zone-of-danger and foreseeability limits; rejection of broad foreseeability)
- Hedgepeth v. Whitman Walker Clinic, 22 A.3d 789 (D.C. 2011) (special-relations approach to NIED; limits on liability)
- Beretta, U.S.A., Corp. v. District of Columbia, 872 A.2d 633 (D.C. 2005) (test for whether injuries are legally protected; foreseeability not sole metric)
- Holmes v. Amerex Rent-A-Car, 710 A.2d 846 (D.C. 1998) (negligent spoliation; special relationship creates duty)
- Aikens v. Debow, 541 S.E.2d 576 (W. Va. 2000) (economic loss doctrine cited in context of policy limits)