19 A.3d 124
Vt.2011Background
- Plaintiff Weiler and landlord Hooshiari entered a residential lease on April 16, 2007, providing off-street parking.
- Weiler resided with her children in the apartment and used a designated parking space through February 8, 2008.
- An accumulation of snow and ice fell from the roof onto Weiler's car, causing thousands of dollars in damage.
- Weiler sued for breach of contract seeking compensation for the car loss; at trial she did not pursue a negligence claim initially.
- The trial court held the implied warranty of habitability applies and voids lease-waiver of liability, awarding damages equal to the value difference of the car.
- The court also allowed a potential extension of damages under the Restatement but later denied Weiler’s Rule 15 motion to add negligence; on appeal, the court reversed landlord liability but affirmed the denial of the cross-claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the implied warranty of habitability extend to a tenant's personal automobile? | Weiler argues the warranty covers personal property damaged by landlord neglect. | Hooshiari contends the warranty does not protect personal property like a car or parking space. | No; warranty does not extend to automobile damage. |
| Was the trial court's denial of the negligence amendment proper under Rule 15? | Weiler contends Rule 15 should allow adding a negligence claim. | Hooshiari argues no consent to negligence claim was given and no abridgment occurred. | Yes, denial affirmed. |
Key Cases Cited
- Hilder v. St. Peter, 144 Vt. 150 (1984) (implied warranty of habitability applies to residential leases)
- Willard v. Parsons Hill Partnership, 178 Vt. 300 (2005 VT 69) (statutory warranty applies to patent/latent defects; distinction from common law)
- Favreau v. Miller, 156 Vt. 222 (1991) (refuses to replace negligence for bodily injury with warranty remedies)
- Nepveu v. Rau, 155 Vt. 373 (1990) (application of habitability to health/safety defects)
- Gokey v. Bessette, 154 Vt. 560 (1990) (habitat defects and health standards in occupancy)
- Birkenhead v. Coombs, 143 Vt. 167 (1983) (habitable premises and related damages)
- Desrochers v. Perrault, 148 Vt. 491 (1987) (Rule 15 considerations and implied consent)