Trial Court Dismissed and Appellate Court Affirmed Dismissal in Heating and Air Conditioning Case

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Represented a heating and air conditioning contractor which had been sued by plaintiffs after defendant’s defective system forced plaintiffs to leave their home due to mold that rendered the home uninhabitable for an extended period of time.  The plaintiffs were not physically injured, but claimed compensatory damages for discomfort and inconvenience associated with their displacement from their home.  The trial court dismissed these claims and the appellate court affirmed.  The appellate court held that the harm for which plaintiffs sought to recover was too nebulous and subjective to serve as a basis for an award of damages.


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