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Nemet v. Boston Water and Sewer Commission9/26/2002
ain, or even an office building. The court in Irwin recognized the risk the defendants identify but rejected the "per incident" basis of recovery that the defendants would prefer. Accordingly, we discern no error in the judge's application, in these circumstances, of the statutory cap to each of the Nemets separately.
Lastly, the defendants contend that, even if the judge did correctly apply the cap on a "per plaintiff" basis, Christine Nemet should be precluded from recovering for any damage to the real property because she was not a record owner at the time of the June, 1998, flood. The defendants point to the Nemets' own testimony and correspondence from their attorneys to the effect that the house was rendered worthless following that flood, the very time when Christine Nemet became an owner of the property. Our review of the record, however, makes plain that there was also evidence to the effect that the property did have value at the time Christine Nemet became an owner, and that such value later declined as the flooding problem continued and further damage caused by structural settlement became evident. Viewing the evidence in the light most favorable to the plaintiffs and disregarding evidence favorable to the defendants, as we must, see Cimino v. Milford Keg, Inc., 385 Mass. 323, 326 (1982), the jury could reasonably have concluded that the real property had value at the time Christine Nemet acquired an ownership interest and that it subsequently lost value as a result of the defendants' negligence.
Order denying motions for new trial or for remittitur affirmed.
Judgments affirmed.
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