Multiple Damages - Multiple Suits?

[BostonTenant]

What is the name of your state? Massachusetts

Hi,

I had the following situation. Moved into an apartment and later find conditions were bad (gas leaks that were then fixed). Landlords had lied about some things when I had talked to them prior to moving in. It was a nightmare living there, and I moved out asap.

I sued in small claims court to recover rent, and was ruled against. My guess is because I still lived there for a month after things had gotten bad, and had used the apartment, or that the magistrate did not think a full refund would be right to award as this was an all or nothing ruling.

I now find that I have medical problems stemming from the apartment where the damages are such that it would be in Superior Court. The evidence for the medical lawsuit came after the small claims regarding rent was done. I've also now tracked down former tenants who could provide more evidence on the apartment.

Can I file another lawsuit? I am still within the statute of limitations (3 years), though when I've talked to folks hear that a person can't be sued twice for the same thing. In some ways there is overlap, though the damages being sought are completely different - medical vs. rent.

My other option is to sue to Town where the apartment resided as they allowed the apartment owner to build an apartment that violated building codes. It appears the landlord is more at fault, and the Town less so though there is evidence they completely botched inspections.

Any help would be greatly appreciated.

Thanks,
Boston Tenant

 

[stephenk]

what type of medical condition? have your doctors diagnosed the cause of the condition to be related to you living at the apartment? what building code violations are related to your medical condition?

 

[BostonTenant]

medical condition - damage to pituitary glands affecting all sorts of hormones

doctor - does not say 100%. only hypothesizes. more tests are planned.

building code violation - two furnaces in a heat room that were adjacent to my living space (in a basement). heat room did not have separate supply of oxygen. furnace turned on for winter and subsequently suffocated me while I slept one night (hypoxia). town inspected house and noted this (testified at the small claims hearing), and noted that landlord changed some things related to the heat system, though still would draw oxygen from same place. basically furnaces used oxygen and left none for me.

I realize there is the medical "chain of evidence", though the main thing is whether the landlord would be able to prevent me from filing a lawsuit because there had been the small claims suit.

 

[seniorjudge]

If you have never sued the landlord for your medical condition, you may do so now if you find an attorney to take your case.

However, just from the statements you have provided, you face a long, tough battle in trying to prove that the landlord caused your medical conditions.

 

[meganproser]

What claim did you file under in small claims? Did you mention personal injury at all?

 

[BostonTenant]

> just from the statements you have provided, you face a long, tough battle in trying to prove that the landlord caused your medical conditions.

I agree. About the only break I caught is that I had a physical a month before the incidences started, and this same doc has seen me since.

> What claim did you file under in small claims?

I filed a 93-A stating that the landlord had been deceptive regarding conditions of the apartment. The conditions forced me to endure things while I lived there, and at the same time forced me to move out. On the inital form I submitted to the court, my last line (after explaining the various conditions) was "Recovery of rent and utilities is sought". During one exchange in the hearing the magistrate asked if I was seeking was return of rent, and I said yes.

> Did you mention personal injury at all?

I did. During the hearing, I mentioned headaches due to poor ventilation. The Magistrate asked if I had medical reports on this. I said not with me. I have seventeen pages of transcript for the hearing, and the above exchange was about seven lines of text.


Also, on suing the Town, is this a totally separate issue? The rationale for the town is that they had issued a permit for a second furnace (1996), and had not said anything about it being a violation until after the fact, i.e. in 2003 when I requested an inspection of the apartment. Between 96-03, they for whatever reason did not make note of this violation during period inspections.

Thanks again for your help.
BostonTenant

 

[meganproser]

I did. During the hearing, I mentioned headaches due to poor ventilation. The Magistrate asked if I had medical reports on this. I said not with me. I have seventeen pages of transcript for the hearing, and the above exchange was about seven lines of text.

I don't see how anyone can claim you've already sued for your personal injury then, so there should be no reason why you can't file a claim now.

Also, on suing the Town, is this a totally separate issue?

Well, you would be suing them for the same injury so I would expect everyone to be named in a single suit.

Hopefully someone who knows for sure can answer this for you.

Good luck with your claim!

 

[stephenk]

the discussion of the headaches may prevent you from suing your landlord for personal injury since at the hearing you made a claim that the ventilation had caused you personal injury. the only reason you did not collect money for the headaches is because you did not have proof. you now trying to sue for the same ventilation problem for other personal injuries is something courts don't like.

 

[badapple40]

I did. During the hearing, I mentioned headaches due to poor ventilation. The Magistrate asked if I had medical reports on this. I said not with me. I have seventeen pages of transcript for the hearing, and the above exchange was about seven lines of text.

I don't see how anyone can claim you've already sued for your personal injury then, so there should be no reason why you can't file a claim now.

Also, on suing the Town, is this a totally separate issue?

Well, you would be suing them for the same injury so I would expect everyone to be named in a single suit.

Hopefully someone who knows for sure can answer this for you.

Good luck with your claim!

Megan: look up res judicata and collateral estoppel.

OP: Since you had the opportunity to raise these claims in your initial suit, arising out of the same general facts, you will probably not be successful in raising them in an additional suit, but thats just my guess.

 

[BostonTenant]

> the discussion of the headaches may prevent you from suing your landlord for personal injury

When/How might this happen? Pre-trial? Something argued by the lawyers for the Defendant? or would the Court look at it, and decide that the suit was not merited?

Also, would "ventilation caused headaches" be seen as different versus "ventilation caused a major illness"? (same cause, different effect) That is, could a counter-argument be made that the claim in the first hearing was a different claim? Comparing apples to watermelons? Does it matter that the small claims suit was spefically to recover rent and not personal injury (different effect/damage)? Also, is there a distinction between civil vs. criminal? or does "Collateral Estoppel" apply across the board? That is, theoretically, could a criminal suit be brought against the landlord?

On a another note, for the small claims decision, I had planned to file a "motion to vacate". I have a transcript of the hearing, and I've identified what seems to be several plausible reasons to have the case vacated. Aside from the arguments I've identified, I have tried to find what are the best arguments for a motion to vacate, though have not been able to track down any examples. Is there any downside to submitting a "motion to vacate"? I hear these usually don't succeed, so perhaps it would all be for nothing? Would this motion, if it went through, change the big question as to whether a personal injury suit could make it trial?

Lastly, if I can't file against the landlord, then would a suit against the town for permitting (I have a copy of the actual permit for this) the tenant to install a furnace system that violates the town's own building and health codes. Setting aside the specific details on the violations, etc, would my small claims suit prevent me from suing the town? It would be a "plan B", though one that I would pursue.

Sorry for all the questions, just that so many things came to mind.

 

[meganproser]

In res judicata the second or subsequent suit involves the same claim or cause of action.

OP filed under Chapter 93A, which is REGULATION OF BUSINESS PRACTICES FOR CONSUMERS PROTECTION. This is not a tort claim.... http://www.mass.gov/legis/laws/mgl/93a-1.htm

In collateral estoppel the second or subsequent suit involves a different claim or cause of action. In collateral estoppel the judgment is conclusive only in regard to issues that actually were litigated.

I don’t think the fact that OP mentioned he had headaches qualifies as having litigated a personal injury claim against the defendant. He brought no medical documents with him...his suit was not for personal injury.

What say ye Bad Apple?

 

[meganproser]

BT, what exactly were the main complaints you used to prove your original case?

 

[Shay-Pari'e]

Sybill, it was in his veryfirst post.

BostonTenant
Junior Member Join Date: Jan 2005
Posts: 4

Multiple Damages - Multiple Suits?

--------------------------------------------------------------------------------

What is the name of your state? Massachusetts

Hi,

I had the following situation. Moved into an apartment and later find conditions were bad (gas leaks that were then fixed). Landlords had lied about some things when I had talked to them prior to moving in. It was a nightmare living there, and I moved out asap.

I sued in small claims court to recover rent, and was ruled against. My guess is because I still lived there for a month after things had gotten bad, and had used the apartment, or that the magistrate did not think a full refund would be right to award as this was an all or nothing ruling.

I now find that I have medical problems stemming from the apartment where the damages are such that it would be in Superior Court. The evidence for the medical lawsuit came after the small claims regarding rent was done. I've also now tracked down former tenants who could provide more evidence on the apartment.

Can I file another lawsuit? I am still within the statute of limitations (3 years), though when I've talked to folks hear that a person can't be sued twice for the same thing. In some ways there is overlap, though the damages being sought are completely different - medical vs. rent.

My other option is to sue to Town where the apartment resided as they allowed the apartment owner to build an apartment that violated building codes. It appears the landlord is more at fault, and the Town less so though there is evidence they completely botched inspections.

Any help would be greatly appreciated.

Thanks,
Boston Tenant



He failed to prove his origional claim, but it was on his first post. Now for real answers.

 

[meganproser]

Mrs. Kravitz, I was addressing BT. TRY to mind your own business please.

Moved into an apartment and later find conditions were bad (gas leaks that were then fixed). Landlords had lied about some things when I had talked to them prior to moving in. It was a nightmare living there,

BT, what things were "lied about"? Were these the things you based your other claim on or was it the furnace/gas problem?

 

[Shay-Pari'e]

Mrs. Kravitz, I was addressing BT. TRY to mind your own business please. Excuse me Sybill , this is not your post. Is this your thread? Blue pills dear.
I simply answered a question you asked, and I will do so again.


(MEGANS QUESTION)BT, what exactly were the main complaints you used to prove your original case?(MEGANS QUOTE)

You failed to read his first post Sybill. Your head is spinning again.


Here it is again.


(QUOTE)I had the following situation. Moved into an apartment and later find conditions were bad (gas leaks that were then fixed). Landlords had lied about some things when I had talked to them prior to moving in. It was a nightmare living there, and I moved out asap.

I sued in small claims court to recover rent, and was ruled against. ie, NOT PROVEN