Mar 21 2019

Courtroom Success 2019-11: Morrison Mahoney Partner Brian Heermance and Associate Dennis P. Kisyk, Jr.

Plaintiff’s Complaint alleged that she sustained multiple mental breakdowns, extreme anxiety and mental anguish as a result of a security guard knocking on the door of her apartment as a result of a reported water leak in the apartment below. The apartment building’s managing agent and owner filed a third-party action against our clients, the security guard and security company which employed him. Brian and Dennis moved to dismiss the underlying Complaint, submitting evidence that the alleged conduct could not constitute breach of Plaintiff’s lease, breach of warranty of habitability, breach of covenant of quiet enjoyment or harassment and that Plaintiff could not prove any damages for her failure to provide discovery as to her mental state. Brian and Dennis relied solely on the pleadings and deposition of Plaintiff herself. The Court held that each of the causes of action in the Complaint were not supported by any evidence and that the Complaint and Third-Party Complaint must be dismissed as a result.

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