CHILDRENS v. Union Realty Co., Ltd.

W. FRANK CRAWFORD, P.J., W.S., and HOLLY K. LILLARD, J., joined.

OPINION

Plaintiff lessee in this case sued Defendant landlord for damages associated with loss of personal property, interruption of business, and lost profits which resulted from the collapse of a roof and flooding of Plaintiffs leased medical offices. The jury awarded Plaintiff $168,000.00 in damages. Defendant appeals, arguing that this is, in effect, a subrogation suit by Plaintiffs insurance carrier. We find no evidence that this is a subrogation suit and affirm judgment for Plaintiff.

The basic facts in this case are…