## Facts

- In November 1978, Mr. and Mrs. Chrum purchased a furnace from Charles Heating & Cooling, Inc., which also installed it in their home.
- On April 11, 1979, the furnace malfunctioned and caused a fire that destroyed the home and its contents.
- No occupant sustained physical injury.
- The Chrums were insured by State Farm Fire & Casualty Company, which paid $43,782.49 for the loss and pursued recovery as subrogee.
- The Chrums sought property-damage compensation and also claimed damages for emotional distress arising from the fire and resulting loss.

## Issues

1. Whether Michigan law permits recovery of emotional-distress damages in negligence when the plaintiff suffers only property damage and no physical injury.
2. Whether the defendant was entitled to partial summary judgment dismissing the homeowners’ emotional-distress damages claim as a matter of law.

## Decision

- The Michigan Court of Appeals reversed the trial court’s denial of the defendant’s motion for partial summary judgment.
- The court held that, absent physical injury, plaintiffs could not recover emotional-distress damages for a negligently caused fire that resulted only in property damage.
- The case was remanded with instructions to enter partial summary judgment for the defendant on the emotional-distress component of damages.
- The ruling did not dispose of the underlying property-damage and subrogation claims.

## Legal Principles

- In Michigan negligence actions, emotional-distress (mental anguish) damages are not recoverable when the plaintiff’s injury consists solely of property damage and no physical injury is shown.
- Emotional upset attributable to property destruction, without a recognized independent basis for such damages, is not a compensable element of negligence damages.
- Partial summary judgment is appropriate where, even accepting the alleged facts, the claimed category of damages is unavailable as a matter of law.

## Conclusion

The court limited negligence damages to property-loss measures and barred stand-alone emotional-distress recovery where a residential fire caused only property damage and no physical injury, ordering partial summary judgment for the installer on that damages theory.


Chrum v. Charles Heating & Cooling, Inc., 121 Mich. App. 17, 327 N.W.2d 568 (Mich. Ct. App. 1982)