Adams v. U.S. Homecrafters, Inc

In Adams v. U.S. Homecrafters, Inc., 744 So. 2d 736 (Miss. 1999), U.S. Homecrafters entered into a contract with the Adamses to construct a home. Before construction was completed, Mr. Adams noticed that the porch area of the house flooded when it rained. This flooding continued even after the Adamses moved into their home, and Mr. Adams had to dig trenches and take other measures to divert the rain. Nonetheless, the rainwater continued to accumulate on the porch area. Mr. Adams stated that he and his wife had attempted for eighteen months to contact U.S. Homecrafters about the problem, but they received no response. Finally, Terry Loveless, a former U.S. Homecrafters officer, attempted to repair the Adams's drainage problem by digging contour ditches and placing landscape timbers around the site. The flooding problems continued. The Adamses ultimately filed suit against U.S. Homecrafters seeking monetary damages for property damage and emotional distress due to U.S. Homecrafters breach of warranty. After hearing testimony from Loveless, from a civil engineer, and from the Adamses, a jury found in favor of the Adamses and awarded them $ 6,731 in damages. This damage award was to cover the work that Mr. Adams had performed himself in trying to divert the rainwater away from his home. The court declined to award Adams damages for mental anguish or emotional distress. On appeal, the supreme court reviewed this case and chose to expound the rule regarding emotional distress and the need to prove physical injury to receive such damages: Where there is something about the defendant's conduct which evokes outrage or revulsion, done intentionally-or even unintentionally yet the results being reasonably foreseeable-Courts can in certain circumstances comfortably assess damages for mental and emotional stress, even though there has been no physical injury. In such instances, it is the nature of the act itself-as opposed to the seriousness of the consequences-which gives impetus to legal redress. The supreme court also noted that in simple negligence cases, such as the present, a more stringent standard applies: "If there is outrageous conduct, no injury is required for recovery for intentional infliction of emotional distress or mental anguish . . . One who claims emotional distress need only show that the emotional trauma claimed was a reasonably foreseeable consequence of the negligent or intentional act of another."