Spano case brief PDF

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2020 Torts Law I Case Brief - Spano Brief...

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Spano v. Perini Corp. Court of Appeals of New York, 1969 25 N.Y.2d 11, 250 N.E.2d 31,302 N.Y.S.2d 527

Parties:  

Spano, Appellant Perini Corp., defendant, appellee

Facts: The defendants were engaged in constructing a tunnel near the garage belonging to the plaintiff Mr. Spano. A total of 194 sticks of dynamite were set off during excavation and as a result the garage was wrecked by the blasting, along with damage to a car within the garage owned by Davis, another plaintiff. Procedural History: The supreme court of New York, appellate division found in favor of the plaintiffs. The court of appeals reversed that decision in favor of the defendants. The court is brought before the Supreme Court. Basis for the Dispute: 

Spano feels entitled to damages incurred during the blasting by the Perini Corp. due to negligent blasting.

Issue: Can a plaintiff recover for damaged property caused by blasting without showing that the blasting was done negligently? Parties Arguments: Spano: Believes the blasting company was negligent in their job because damaged occurred to his garage as well as one of his customer’s cars. They are relying solely on absolute liability. Perini Corp.: The defendant believes since the plaintiff made no attempt to argue that they did not use reasonable care nor did they use necessary precautions there is no way they should recover for the damages. Holding: The court ruled in favor of the plaintiff finding that they can recover for damaged property which results from blasting without negligibility.

Court’s reasoning: The courts state “the intentional setting off of explosives-that is, blasting- in an area in which it was likely to cause harm to neighboring property similarly results in absolute liability.” Since the blasting company has the right to blast and therefore is liable if property is damaged as a result of the blasting....