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Case of the Month

West's® Jury Verdicts - Arizona Reports

Jury Awards $4M for Breach of Lease

Phoenix Van Buren Partners v. Smith Moulding Wholesale

Type of Case:
Contracts - Breach
Contracts - Construction Contracts
Landlord/Tenant - Lease-Commercial
Landlord/Tenant - Rent

Specific Liability:
Breach of industrial rental contract

General Injury:
Monetary damages

Jurisdiction:
State: Arizona
Court: Superior Court of Arizona, Maricopa County.

Related Court Documents:
Plaintiff's complaint: 2009 WL 8394996
Joint pretrial statement: 2011 WL 3881345
Jury instructions: 2011 WL 3881328
Verdict form: 2011 WL 3881291

Case Name:
Phoenix Van Buren Partners LLC, an Arizona limited liability company v. Smith Moulding Wholesale Inc., an Arizona corporation

Docket/File Number:
CV2009-037646

Verdict:
Plaintiff, $4,203,546.00

Verdict Date:
June 15, 2011

Judge:
Michael J. Herrod

Attorneys:
Plaintiff: Jeffrey Messing and Jeffrey G. Zane, Poli & Ball, Phoenix, Ariz.

Defendant: Gregory W. Falls, Bryan A. Albue, Douglas R. Chandler and Nathaniel B. Rose, Sherman & Howard, Phoenix, Ariz.

Trial Type:
Jury

Experts:
Not reported.

Breakdown of Award:
$4,203,546.00 to plaintiff

Summary of Facts:
Smith Moulding Wholesale reportedly signed a 10-year industrial lease agreement April 24, 2006 to lease real property from Phoenix Van Buren Partners. The parties allegedly entered into a written addendum June 6, 2008 modifying the rental area and rate.

Smith Moulding allegedly suffered a catastrophic loss of sales and income as a result of the recession. It terminated operations and vacated the property in August 2009.

Phoenix Van Buren Partners filed a breach of contract lawsuit in the Maricopa County Superior Court against Smith Moulding.

The plaintiff alleged the defendant defaulted under the lease by abandoning the property and failing to pay the rent and other charges due as of Nov. 1, 2009. Phoenix Van Buren Partners sought $5,592.558.59 in compensatory damages.

Smith Moulding alleged Phoenix Van Buren Partners failed to repair a leaky roof.

Phoenix Van Buren Partners asserted it replaced the entire roof at a cost of $2.5 million four months before the defendant abandoned the property.

The defendant argued the roof was never completely fixed and continued to leak.

A jury before Judge Michael J. Herrod returned a verdict June 15, 2011 for the plaintiff. Phoenix Van Buren Partners was awarded damages in the amount of $4,203,546.

Judge Herrod entered judgment accordingly and with $71,636.50 in attorney fees and $1,063.95 in taxable costs July 27.

Court: Superior Court of Arizona, Maricopa County.

Westlaw Citation:
2011 WL 4096263

West's Jury Verdicts - Arizona Reports Citation:
West’s J.V. Ariz. Rep., Vol. 7, Iss. 6, p. 3 (2011)