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Dispute over plaza repairs nets $1.14 plaintiff’s verdict

Plaintiff-office tower owner and defendant-hotel owner share the use of an outdoor plaza subject to a cross-easement agreement.

Plaintiff undertook a significant project to replace the waterproofing of the outdoor plaza, which resulted in the replacement of all of the pavers, as well as significant repairs to fountains and other features. Plaintiff sought reimbursement for the costs incurred under the cross-easement agreement, which required defendant to contribute 23 percent of the reasonable and ordinary expenses incurred for the operation, maintenance and repair of the outdoor plaza.

Defendant contended that the expenses were not “ordinary” because of the scope of the project, and were not expenses because they should have been treated as “capital items.” After a one-week trial, the jury returned a verdict in favor of the plaintiff in the full amount sought.


Verdict Report

Type of action: Breach of easement agreement

Case name: CK-Southern Associates v. Charlotte N.C. Hotel Corporation

Case number: 09 CVS 347

Court: Mecklenburg County Superior Court

Judge: Hon. Yvonne Mims Evans

Verdict or settlement: Jury verdict

Date: Aug. 23, 2010

Amount: $1,141,819

Demand: $1,141,819                                        

Experts: Jeffrey S. Miller, Sutton Kennerly Associates (Charlotte)

Were liability and/or damages contested? Yes

Was the opposing party represented by legal counsel? Yes

Has the plaintiff been successful in actually collecting the judgment? No. Currently on appeal.

Plaintiff’s attorney: Michael G. Adams and Jami J. Farris, both of Parker Poe Adams & Bernstein (Charlotte)

Editor’s note: The information in Lawyers Weekly’s verdicts and settlements reports was submitted by the counsel for the prevailing party and represents the attorney’s characterization of the case.

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