Brookridge Party Center, Inc. v. Fisher Foods, Inc.

Plaintiff-party center and defendant-grocery store (“Fisher”) are tenants in landlord’s shopping center, with the party center located beneath the grocery store. The party center obtained a jury verdict against Fisher with compensatory and punitive damages for causing water leakage onto the party center’s premises. The jury also found for Fisher on its contribution claim against the builder for defects allegedly causing that leakage, “in the sum of $0.” The trial judge separately granted Fisher indemnity from the landlord for all damages, on the basis of a lease provision.

Fisher and the…