Jury Award Stands After Breach of Contract

March 1, 2008

Facts: A tenant ran several entertainment businesses on the owner's premises. The businesses were unable to make a profit, and the tenant informed the owner that it couldn't pay the rent and removed all of its property from the premises. The owner sued the tenant for unpaid rent, the security deposit, and repairs. After a jury trial, the court ruled in favor of the owner.

The tenant appealed, claiming that the jury award was excessive, based on a statement from a new witness who testified about the condition and value of the property.

Facts: A tenant ran several entertainment businesses on the owner's premises. The businesses were unable to make a profit, and the tenant informed the owner that it couldn't pay the rent and removed all of its property from the premises. The owner sued the tenant for unpaid rent, the security deposit, and repairs. After a jury trial, the court ruled in favor of the owner.

The tenant appealed, claiming that the jury award was excessive, based on a statement from a new witness who testified about the condition and value of the property.

Decision: An Ohio appeals court upheld the trial court's decision.

Reasoning: The court decided that the statement of the new witness had no impact on the jury award. The damages awarded to the owner was based on a combination of factors, none of which were addressed by the statement.

  • Theatrical Grill, Inc., v. Beverly Schilero, December 2007

Editor's Note: Courts usually do not overturn a jury award unless the amount is not proportionate to the damages shown by the evidence presented in the case. However, a jury award may be overturned if the court feels that the jury based its decision on something other than the evidence presented in the case.

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