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Case Citations 1 (July 2017 through August 2018)

handle is hein.ali/alitorts0014 and id is 1 raw text is: TORTS 3D: LIABILITY FOR ECONOMIC HARM (DRAFTS) CHAPTER 1. UNINTENTIONAL INFLICTION OF ECONOMIC LOSS § 2. Economic Loss Defined I1.App.2017. Cit. in disc.; illus. 2 cit. in sup. (citing § 2 of T.D. No. 1, 2012). Subrogee of homeowner brought an action in small-claims court against builder, seeking to recover the cost of water damage to the home, alleging that the damage resulted from defendant's negligent repair of the roof. Following a bench trial, the trial court entered judgment for plaintiff. This court affirmed, holding that the trial court's determination that defendant had breached the duty of care was not against the manifest weight of the evidence, and that plaintiff's claims fell within an exception to the economic-loss doctrine that applied when a plaintiff sustained property damage to other property not part of the contract. The court cited Restatement Third of Torts: Liability for Economic Harm § 2 (T.D. No. 1, 2012) for the definition of economic loss and noted that Illustration 2 demonstrated that recovery in tort for damage to parts of a home caused by negligent installation of a home facade was not precluded. State Farm Fire and Casualty Company v. Welbourne, 85 N.E.3d 561, 566, 567. § 3. Preclusion of Tort Liability Arising from Contract (Economic Loss Rule) Ill.App.2017. Quot. in disc. (quoting § 3 of T.D. No. 1, 2012). Subrogee of homeowner brought an action in small-claims court against builder, seeking to recover the cost of water damage to the home, alleging that the damage resulted from defendant's negligent repair of the roof. Following a bench trial, the trial court entered judgment for plaintiff. This court affirmed, holding that the trial court's determination that defendant had breached the duty of care was not against the manifest weight of the evidence, and that plaintiff's claims fell within an exception to the economic-loss doctrine that applied when a plaintiff sustained property damage to other property not part of the contract. Quoting Restatement Third of Torts: Liability for Economic Harm § 3 (T.D. No. 1, 2012), the court explained that there was no liability in tort for economic loss caused by negligence in performance or negotiation of a contract between parties, except as provided elsewhere in the Restatement. State Farm Fire and Casualty Company v. Welbourne, 85 N.E.3d 561, 566, 577. § 6. Negligent Performance Of Services Ill.App.2017. Cit. in disc. (citing § 6 of T.D. No. 1, 2012). Subrogee of homeowner brought an action in small-claims court against builder, seeking to recover the cost of water damage to the home, alleging that the damage resulted from defendant's negligent repair of the roof Following a bench trial, the trial court entered judgment for plaintiff. This court affirmed, holding that the trial court's determination that defendant had breached the duty of care was not against the manifest weight of the evidence, and that plaintiff's claims fell within an exception to the economic-loss doctrine that applied when a plaintiff sustained property damage to other property not part of the contract. The court cited Restatement Third ,)LL Irave For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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