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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Torre Specialties, Inc. v. Coates, 832 S.W.2d 914 (1992)

Citation
Torre Specialties, Inc. v. Coates, 832 S.W.2d 914 (1992)
Parent Document
Torre Specialties, Inc. v. Coates, 832 S.W.2d 914 (1992)
Jurisdiction
Missouri (state)
Effective Date
1992-05-26

Other Sections in This Document (29)

Full Text

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Adequate evidence in the record supports the trial court’s action. The trial court instructed the jury that “in assessing damages [regarding Torre Specialties breach of lease claim] you may take into consideration any mitigating circumstances attendant upon the defendant Nancy Coates, M.D.’s, failure to pay rent, utilities or provide a certificate of insurance.” Dr. Coates experienced inadequate and uncomfortable climate control within the leased premises because the building’s air conditioning and heating units were defective. Additionally, the leased premises and common areas were not completed as anticipated, thereby causing the tenant additional problems utilizing the leased premises. These facts could have mitigated any amount the jury may otherwise have awarded Torre Specialties. Additionally, the jury may have determined that Dr. Coates’ breach of the lease constituted her failure to provide the requisite certificate of insurance to the landlord, and not a failure to pay rent or utilities, in which case Dr. Coates would not be liable to Torre Specialties for any damages. Therefore, sufficient evidence was presented supporting the trial court’s order denying Torre Specialties’ motion for a new trial even though the jury found Dr. Coates breached the lease but awarded no damages. Torre Specialties’ cross-appeal is denied. Dr. Coates’ Appeal