Totten v. GRUZEN

The opinion of the Court was delivered by

Hall, J.

This case, in its current posture, presents the strictly legal question whether the architects, the general contractor, or the heating contractor of an apartment house can be held liable in negligence, on the theory of alleged improper design of the heating system creating an unreasonable risk of harm, for personal injuries sustained by the child of a tenant some years after their work had been completed and accepted by the owner. The trial court decided they could not, as a matter of law, dismissing the complaint as to them on motion after…