Medical Multiphasic Testing, Inc. v. Linnecke

*753OPINION

By the Court,

Thompson, J.:

Linnecke commenced an unlawful detainer action for nonpayment of rent against Medical Multiphasic Testing, Inc. (MMTI), in which MMTI denied its liability for rent and counterclaimed for damages for a constructive eviction.

Trial occurred before a jury. When all proofs had been offered Linnecke moved for a directed verdict on the ground that no defense to the claim for unpaid rent had been shown, and that there was no constructive eviction as a matter of law. The trial court doubted whether a constructive eviction had been shown, but preferred to submit all…