Massachusetts Attorneys Obtain Summary Judgment in Personal Injury Case

Lynnfield attorneys Eileen P. Kavanagh and Gayatri R. Deodhar successfully secured summary judgment in a personal injury matter in Norfolk County Superior Court on behalf of our client, a luxury apartment owner and management company.

Soon after signing her lease in 2018, the Plaintiff, a resident of our client’s Braintree, Massachusetts, complex, claimed she began to suffer respiratory symptoms triggered by alleged mold and mildew in her unit. In response to the Plaintiff’s complaint, our client removed the Plaintiff’s carpeting at no cost; however, the Plaintiff claimed her symptoms persisted and she subsequently moved out of her unit in 2019 before the end of her lease. The Plaintiff obtained a Certificate of Mold Analysis that indicated her unit contained air-borne mold. The Plaintiff then filed against our client and alleged negligence, breach of the warranty of habitability, breach of the covenant of quiet enjoyment, breach of contract and violation of M.G.L. c. 93A. The demand was in excess of $290,000.

In presenting their Motion for Summary Judgment, our attorneys Eileen Kavanagh and Gayatri Deodhar argued that in the absence of expert testimony establishing breach or causation, the Plaintiff could not prove her claims against our client. Specifically, the Plaintiff could not show that the air-borne mold in her unit was toxic, or at levels in violation of any statute, code or regulation. Furthermore, the Plaintiff could not show that the air-borne mold in her unit was the cause of her respiratory symptoms.

In May 2022, the Superior Court agreed with our attorneys and entered summary judgment in favor of our client as to the Plaintiff’s claims of negligence, breach of the warranty of habitability, breach of the covenant of quiet enjoyment, breach of contract and violation of M.G.. c. 93A.

Eileen concentrates her practice on the defense of personal injury and damages claims, as well as lender liability defense and complex commercial litigation. Specifically, she defends environmental, construction, premises liability and products liability matters. Eileen is a seasoned litigator with more than 30 years of experience in state and federal courts, and is a current member of Litchfield Cavo LLP’s Executive Committee.

Gayatri concentrates her practice in the areas of personal injury and professional liability. She also handles matters in the areas of employment and labor law, construction liability, premises liability and products liability.