Aspen Plaza Co. v. Garcia

METZGER, Judge.

Plaintiffs, Aspen Plaza Company and Stephen J. Marcus (lessors), appeal a jury verdict awarding lessee, James E. Garcia, d/b/a Longhorn Dragon Two, damages for constructive eviction. We affirm.

Lessee is an Aspen restaurateur who, from December 1976 until January 1980, operated his establishment under a ten-year commercial lease in lessor's shopping center. In January 1979, a blockage in the central sewage line resulted in the back-up of raw sewage into the restaurant. Lessee corrected the blockage without lessor’s assistance, after lessor refused to do so. Approximately one…