Damages for personal injuries?
Updated: Nov 12, 2019
Tingler v. Graystone Homes (Va. Oct. 31, 2019)
Family contracts with company to build home. It leaks, resulting in mold, resulting in sick family. Can they sue (in tort) for personal injuries? Virginia Supreme Court: Yes, if injuries caused by company's actions; no, if injuries caused by company's inaction.
Bottom line: If plaintiff, frame events in active terms (misfeasance); if defendant, flip it (nonfeasance).