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0292 Conduct by a defendant that had the effect of tolling the running of the statute of limitations for breach of contract also tolled the statute in plaintiff's action for NIED resulting from the same conduct; in an action for property damage, the collateral sources rule prevents consideration of funds received from plaintiff under plaintiff's own insurance policy; comparative negligence is not a defense in an action for breach of express warranty, but plaintiff's failure to mitigate damages by acting reasonably is; joint venturers are vicariously liable for each other's torts; property damage is measured by the reasonable cost of repair or diminution in value, which ever is least.
SHAFFER v DEBBAS (Custom Defects) 17 CA4 33
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