Facts

From 2007 to 2009, a commercial property owned by Richar Inc. was broken into, vandalized, robbed of copper wire and other metals, and damaged. Defendant T-Mobile had leased space on the roof of the building for a cellular tower.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that under a license agreement, T-Mobile had permission to access a certain 1/3 portion of plaintiff's property, but did not have permission to access or enter the other 2/3 portion of the property.

Plaintiff asserted claims of trespass, breach of contract, and negligence claiming that T-Mobile trespassed upon its property in the installation and maintenance of cellular towers, left the subject cellular site unlocked, and provided access to vandals and thieves.

DEFENDANT'S CONTENTIONS:
Defendant denied any involvement or negligence in connection with loss and damage to the property, and contended it had a contractual right to all access it made to the subject property.

Damages

Richar Inc. claimed $450,000 in actual damages to the commercial building, and $2 million in loss of use of the building since it was first plundered in 2007.

Result

Defense verdict.

Other Information

FILING DATE: Oct. 9, 2009.