Facts

According to plaintiff, Guenther Stottmeister, David Sullivan, defendant, rented an apartment from Stottmeister. Stottmeister filed an eviction for nuisance against Sullivan stemming from a long list of incidents and Sullivan's insistence that the garage belonged to him. Sullivan responded by filing a complaint for wrongful eviction.

There was allegedly no insurance for the eviction case. The insurers were Farmers Insurance, adjuster Kevin O'Dwyer, and Crusader Insurance, adjuster Luanne Spinelli.

PLAINTIFF'S CONTENTIONS:
Stottmeister claimed Sullivan's conduct constituted a nuisance based on a lengthy history of wrongful acts where Sullivan: took over the only garage in the six-unit apartment building even though it was rented to another tenant; wrongfully calling 911 to report Stottmeister was driving drunk; was verbally abusive to Stottmeister; continually wrote rent checks for the incorrect amount in an attempt to bring the garage and his office under rent control; had two parking tickets issued against Stottmeister for blocking the garage even though he had parked that way without incident for 42 years; removed signs Stottmeister put up for the management company Stottmeister hired so he wouldn't have to deal with Sullivan; and where he took the keys Stottmeister left for the management company.

DEFENDANT'S CONTENTIONS:
Sullivan argued he had the right to the garage because he had an oral agreement with Stottmeister, had been a tenant for 13 years, and it was convenient for him. Sullivan also claimed Stottmeister was harassing him.

Settlement Discussions

The plaintiff demanded possession in exchange for a waiver of costs. The defendant demanded plaintiff dismiss the eviction complaint with prejudice, pay defendant's costs and attorney fees of more than $100,000, pay an additional amount to entice defendant to settle the eviction case, and either settle or try to settle the wrongful eviction case.

Damages

Stottmeister sought damages for possession, daily damages, costs, and attorney fees.

Injuries

Stottmeister claimed he suffered from emotional distress.

Result

The jury awarded possession, $7,290 in daily damages. The judge awarded attorney's fees of $6,500.