Boger v. Norris & Stevens, Inc.

In these consolidated actions, plaintiffs, who were tenants at an apartment complex, of which defendant Norris & Stevens is the managing agent and defendants Day are the resident managers, sought recovery for brain damage and other serious conditions that they allege were caused by concentrations of toxic metals in the hot water heaters and the water provided by defendants. The jury awarded compensatory and punitive damages to plaintiffs. Defendants appeal from the resulting judgments, and we affirm.

In their first three assignments, defendants contend that plaintiffs failed to establish an…