Langlois v. Town Of Proctor

113 A.3d 44 (2014)

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Nature of the Case

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Facts

P is the owner of a building with commercial space on the first floor and an apartment on the second floor. P failed to pay her water bill for the property to D. P arranged with a representative of D that it would disconnect the water service so she would not incur further water expenses, but D failed to do so. P also alleged that in reliance on D's promised undertaking she discontinued heating the building, causing the pipes containing water to freeze and split under the first floor of the building, which, in turn, flooded the first floor and basement, causing extensive damage to the building. P sued in negligence, breach of contract, consumer fraud, and negligent misrepresentation. D moved for summary judgment. D argued that it had no duty to disconnect the water service or to disconnect the service with reasonable care or, alternatively, that any duty was based on its contractual obligations and could not give rise to tort liability. D argued that it had no contractual obligation to disconnect the water service and that it was exercising its right under a statutory delinquency collection procedure. D argued that the contractual relationship between P and D was terminated when P failed to pay her water bill. The court dismissed the consumer fraud and negligent misrepresentation counts but denied D's motion for summary judgment on the tort and contract claims. The jury found that there was a contract between P and D “regarding the turning off of her water service,” but that D had not breached that contract. The jury found D negligent and awarded P damages of $64,918.44.