Section 23A

Citation: Section 23A
Parent Document: BLT Burger DC, LLC v. Norvin 1301 CT, LLC, 86 A.3d 1139 (2014)
Jurisdiction: DC (municipal)
Effective Date: 2014-03-13
Original Source: https://www.courtlistener.com/opinion/2656505/blt-burger-dc-llc-v-norvin-1301-ct-llc/ ↗

Full Text

704 chars

38
         In his brief, counsel for Landlord argues that Tenant could not have been
surprised at trial by Landlord‟s claim for the full measure of diminished value
damages, because Landlord‟s answer to an interrogatory dated April 11, 2012, had
disclosed a claim for $5.6 million. That interrogatory, however, has no currency in
the discussion of pretrial notice, given the later Pretrial Order of June 14, 2012,
limiting Landlord‟s damages to those expressly claimed in the Joint Pretrial
Statement of May 16, 2012. Landlord‟s counsel insists, to the contrary, that the
Joint Pretrial Statement did give notice of Landlord‟s claim to full blown
diminished value damages. He quotes from that statement:

Other Sections in This Document (499)

Full Text