Cheryl L’Esperance, Matthew and Kyle L’Esperance, Scott and Daryl Simpson v. Wayne Benware and Sandra Lebo

Summary

The court affirmed a jury verdict and related attorney-fee award in favor of tenants who rented a home with contaminated drinking water and serious structural and electrical deficiencies. It held that the evidence supported negligence and causation, that renting property in violation of law established Consumer Fraud Act liability without proof that the landlord knew of the violations, and that the evidence supported exemplary damages. The court also upheld the lodestar-based attorney-fee award because the claims arose from a common core of facts and the tenants achieved substantial success.