Quixotic Fusion Wins Counterclaim Damages in Landlord/Tenant Trial

Shook, Hardy & Bacon Partner Scott Kaiser and Associate Melissa Plunkett obtained a jury verdict for Quixotic Fusion after the company's former landlord sued for breach of contract.

Quixotic vacated a building it had leased from Abdiana, Inc. after raw sewage repeatedly interfered with Quixotic's use of the space and damaged its property. Abdiana sought more than $15,000 in unpaid rent and late fees; on behalf of Quixotic, Kaiser and Plunkett responded with an affirmative defense of constructive eviction and filed a counterclaim seeking compensation for cleanup-related expenses and property damage. After a three-day trial, the jury found in favor of Quixotic on both claims and awarded $3,500 in damages.

Associate Brent Dwerlkotte and former Summer Associate Ashley Akers provided significant pretrial and trial support.

The case is Abdiana, Inc. v. Quixotic Fusion, No. 1416CV03181 (Mo. Cir. Ct., Jackson Cty. 2016).