Mass. Appellate Court Allows Distress Claim Without Medical Evidence

BOSTON - A Massachusetts appellate court has allowed a homeowner to pursue emotional distress damages for alleged harm from waste water in the basement despite the lack of supporting medical evidence. Pizzochero v. Vergados, No. 10036 (Mass. App. Div., Dist. Ct. Dept.).

The court said in its Aug. 17 opinion, "[w]hile additional objective evidence of those symptoms would, obviously, have made the case stronger, the evidence presented by the plaintiffs was sufficient not only to permit the case to be presented to the jury, but also to support the jury's verdict."

Alex and Maggie Pizzochero sued former owners Nicholas and …