Elizabeth Weinstein, dba E-Z Loan Jewelry Co. v. Magister Management Co., Inc.
Published: Jul. 6, 1996 | Result Date: May 17, 1996 | Filing Date: Jan. 1, 1900 |Case number: 92CV3307 – $0
Judge
Court
USDC Colorado
Attorneys
Plaintiff
Defendant
Facts
The plaintiff Elizabeth Weinstein, dba E-Z Loan Jewelry Co., ran a pawn shop in the defendant Magister Management Company's shopping center in Colorado Springs. The shopping center was built above a landfill. Over time, the land around the building that housed the pawn shop subsided, causing a variety of problems, including endangerment to underground utility lines. By July of 1991, the hazard had become so severe that the utility companies ordered a shutdown. The shopping center subsequently gave the pawn shop 30 days termination notice under the casualty provision in the lease. The plaintiff pawn shop owner brought this action against the defendant property management company based on a breach of contract (for wrongful eviction) theory of recovery.
Settlement Discussions
The settlement discussions were not disclosed.
Damages
The plaintiff claimed $6 million in damages for the destruction of the business.
Other Information
The court directed the jury to return a defense verdict, finding insufficient evidence that the lease was breached. The court found that the safety hazard created by the subsidence constituted a "casualty," so defendant was justified in terminating the lease.
Deliberation
_____ (hours/days)
Poll
___ - ___ (numbers pls.)
Length
4 days
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