Quixotic Fusion Wins Counterclaim Damages in Landlord/Tenant Trial

Shook, Hardy & Bacon attorneys 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, Shook attorneys 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.

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