J&T Bellflower v. Russman CA2/4

INTRODUCTION

By executing a written lease, F. Marina Russman, M.D., agreed to rent a medical suite from GC Property Associates, LLC (GC), for three years, beginning April 1, 2018. Dr. Russman stopped paying rent in April 2020. After the lease expired, J&T Bellflower, GC’s successor-in-interest on the lease, sued Dr. Russman to recover unpaid rent and fees. Following a trial, a jury rendered a unanimous verdict in favor of J&T Bellflower, finding: (1) J&T Bellflower performed its obligations under the lease, including those required under the covenant of quiet enjoyment; (2) Dr. Russman breached the lease by failing to pay rent and other fees due under its terms; (3) J&T Bellflower was harmed by Dr. Russman’s failure to make the required payments; and (4) J&T Bellflower sustained $38,599.20 in damages. Subsequently, the trial court entered judgment for J&T Bellflower. On appeal, Dr. Russman asserts the judgment must be reversed for three reasons. First, she contends the trial court erred by instructing the jury that she bore the burden of proving J&T Bellflower breached the covenant of quiet enjoyment. Instead, she argues, the court should have instructed the jury that J&T…