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Keywords

contractplaintiffdefendantdiscoverynegligenceappealtrialtestimonyclass action
contractplaintiffdiscoverynegligencetrialtestimonyclass action

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Mattoon v. City of Pittsfield, 56 Mass.App.Ct. 124, 775 N.E.2d 770, 49 UCC Rep.Serv.2d 52

Facts

In June 1988, plaintiffs filed a class action in federal court claiming they contracted giardiasis due to contaminated water from the city of Pittsfield. After the federal court dismissed their federal claims and allowed them to pursue state law claims, the plaintiffs filed a complaint in Berkshire County Superior Court in November 1993. The city was the only remaining defendant after various consultants were dismissed. A jury-waived trial began in June 1996, but after the plaintiffs rested, the city moved for involuntary dismissal, which the judge granted.

In June of 1988, the plaintiffs brought a class action complaint in the United States District Court for the District of Massachusetts, claiming that they had contracted giardiasis (an illness caused by giardia, a parasite found in the intestines of certain animals) as a result of contamination of the public water supply of the city of Pittsfield (city) in November and December of 1985.

Issue

Did the trial court err in dismissing the plaintiffs' claims of negligence and breach of warranty against the city?

Did the trial court err in dismissing the plaintiffs' claims of negligence and breach of warranty against the city?

Rule

The court held that the plaintiffs failed to provide expert testimony to establish a causal connection between the city's actions and the alleged injuries, and that the predominant purpose of the city's provision of water was service, not sale of goods, thus precluding recovery under breach of warranty provisions of the UCC.

The court held that the plaintiffs failed to provide expert testimony to establish a causal connection between the city's actions and the alleged injuries, and that the predominant purpose of the city's provision of water was service, not sale of goods, thus precluding recovery under breach of warranty provisions of the UCC.

Analysis

The court found that the exclusion of the plaintiffs' expert testimony as a discovery sanction was not an abuse of discretion. Without expert testimony, the court determined there was insufficient evidence to establish that the city's alleged breach of duty caused the plaintiffs' injuries. Additionally, the court ruled that the city's provision of water was primarily a service, which did not fall under the UCC's warranty provisions.

The court found that the exclusion of the plaintiffs' expert testimony as a discovery sanction was not an abuse of discretion. Without expert testimony, the court determined there was insufficient evidence to establish that the city's alleged breach of duty caused the plaintiffs' injuries. Additionally, the court ruled that the city's provision of water was primarily a service, which did not fall under the UCC's warranty provisions.

Conclusion

The Appeals Court affirmed the trial court's judgment, concluding that the plaintiffs did not demonstrate a right to relief due to lack of evidence linking the city's actions to their injuries.

Judgment affirmed.

Who won?

The city prevailed in the case because the court found that the plaintiffs failed to provide sufficient evidence to support their claims, particularly due to the exclusion of expert testimony.

The city prevailed in the case because the court found that the plaintiffs failed to provide sufficient evidence to support their claims, particularly due to the exclusion of expert testimony.

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