Sosa v. Rockpointe Homeowners Assn.
Plaintiff Dalia Sosa sued her homeowners association, Rockpointe Homeowners Association, Inc. (RHA), and a mold remediation company, Sky Blue Environmental, Inc. (Sky Blue), for damages for personal injuries allegedly caused by exposure to toxic mold in her condominium unit after her unit had a plumbing leak. On April 17, 2006, a summary judgment was entered in favor of RHA on the grounds (1) that the action was barred by an exculpatory clause in the declaration of covenants, conditions and restrictions (CC&Rs) governing the relationship between Sosa and RHA and (2) RHA was entitled to judgment on the claim for breach of warranty because it was not a merchant which sold goods to Sosa. On May 1, 2006, a summary judgment was entered in favor of Sky Blue on the grounds that Sky Blues conduct was not a cause of Sosas injuries and the lack of a contractual relationship between Sosa and Sky Blue barred the claim for breach of warranty. Because the exculpatory clause, reasonably interpreted, does not bar liability for negligent remediation and repair, but rather water damage in the first instance, and because triable issues of fact exist as to the negligence claims against both RHA and Sky Blue, Court reverse the summary judgments.
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