Foxrock 90 v. Bread Loaf

Opinion

7ermont Superior Court Filed1 11/13/24 Windham nit

VERMONT SUPERIOR COURT CIVIL DIVISION Windham Unit Case No. 24-CV-01178 7 Court Street Newfane VT 05345 802-365-7979 www.vermontjudiciary.org

Foxrock 90 Technology Drive Realty, LLC v. Bread Loaf Corporation

ENTRY REGARDING MOTION Title: Motion to Amend Judgment Pursuant to V.R.C.P. 59(e) (Motion: 4) Filer: Stephanie T. Reed Filed Date: October 31, 2024

The motion is DENIED.

The court declines to amend its ruling dismissing Plaintiffs tort claim for damages to Plaintiff's property. No new law has been shown that was not already considered, and there has been no newly discovered evidence.

Plaintiff specifically asks the court to reexamine the analysis in the federal district court case of Cincinnati Insurance Co. v. Southern Vermont Sprinkler Services Inc, No. 5: 17-cv-254, 2019 WL 5698930, at *3-4 (D. Vt. 2019). In that case, the court allowed a tort claim for damage to "other property" (not the subject of the contract upon which contractual duties were based). The contract concerned work on a sprinkler system from which water escaped and damaged 12 rooms. The court considered that those rooms were "other property" unrelated to the contract and that the economic loss rule, precluding tort liability for economic damages, did not apply. In this case, the damage was to the part of the building that was both the floor of the mezzanine and the ceiling of the refrigerated transfer bay area below it, which was the site of the contract work performed. It was not some uninvolved other part of the building. The analysis in Cincinnati Insurance Co. does not compel a conclusion that the damage to the mezzanine was damage to "other property."

Electronically signed November 12, 2024 pursuant to V.R.E.F. 9 (d).

Mary Miles Teachout Superior Judge (Ret.), Specially Assigned

Entry Regarding Motion Page 1 of 1 24-CV-01178 Foxrock 90 Technology Drive Realty, LLC v. Bread Loaf Corporation