This section contains the nature of the case and procedural background.

Pannone (P) entered into a contract to buy a home from Grandmaison (D). That contract was conditioned upon a termite inspection and a radon gas inspection. The radon gas inspection resulted in a finding of gas but at a level so low that it would be unlikely to get a lower reading in Connecticut. P then canceled the contract and demanded the return of the deposit of $18,000. D refused and P sued for the monies. P claimed that he was sensitive to radiation exposure because of his service in the armed forces during the Korean conflict monitoring radiation levels resulting from Soviet atomic testing.

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