Fuentes

This case concerns the right of one, who as a proximate result of another’s tortious breach of contract has suffered damages to his property, to recover, in addition to such damages, damages for emotional distress which also proximately resulted from the tortious breach.

Defendants were licensed contractors (hereafter for convenience, “contractor”). The contractor undertook some construction work on top of plaintiffs’ home which necessitated removal of all or a portion of its roof. About 1 p.m., September 25, 1972, while the roof was in that condition, plaintiffs advised the contractor that weather reports indicated rain; however, no steps were taken to protect the house from it. Rain commenced about 5:30 p.m. and with increasing intensity thoroughly drenched the home’s interior causing thousands of dollars of damage. Repeated telephone calls were made to the contractor after the rain started, but for one reason or another no protective measures were taken. Finally about 1 o’clock the next morning the fire department came with tarpaulins and covered the exposed portion of the roof. There were other incidents. A workman of the contractor accidentally put his foot through…