Erlich v. Menezes

The Erlichs (plaintiffs) hired Menezes (defendant) to build their home; after moving in, heavy rain caused severe leaking throughout the house, and a subsequent inspection revealed both the leak defects and additional structural problems. Mr. Erlich, who had a preexisting heart condition, testified he became "absolutely sick" and suffered a heart attack upon learning of the problems, while Mrs. Erlich testified she feared for her family's safety. A jury found Menezes negligently breached the contract and awarded both contract damages and emotional distress damages; the Court of Appeal affirmed, and Menezes appealed further.