Facts

From Nov. 6, 2001 through August 2004, plaintiff Antiques International rented 30 containers from defendant Martin Container Inc. The plaintiff intended to use the containers to store recently purchased goods until its larger warehouse was ready to house them. The plaintiff was required to provide its own labor and its own locks and seals. The defendant would then store the containers at its business site and bring the plaintiff the containers when it requested them. The plaintiff could empty the containers and send empty ones back which defendant would then inspect for damage and repair. On several occasions during February, March and April of 2003, plaintiff called defendant to deliver several containers and the proprietor of plaintiff emptied the containers and returned the empty containers to defendant. In July 2004, plaintiff requested that defendant bring all remaining containers it had. The plaintiff inquired about "missing containers" after this but defendant said all containers had been delivered.

PLAINTIFF'S CONTENTIONS:
The plaintiff sued defendant for breach of contract, negligence and conversion.

DEFENDANT'S CONTENTIONS:
The defendant argued that all items stored in the containers had been removed from the containers by plaintiff and the containers were then returned empty. The defendant presented evidence showing the containers were empty, as well as canceled checks for storage fees showing rental deductions from released containers during that period.

Damages

The plaintiff alleged $1.2 million for five containers of allegedly lost property.

Result

The jury returned a verdict for defense. Defendant filed a motion for attorney fees and while the motion was pending, the parties agreed to a settlement of $158,510.50 in attorneys' fees and costs.

Deliberation

1.5 hours

Poll

12-0 (on all three special verdict questions)

Length

nine days