Executive Dynamics Search v. Lawrence CA4/1

INTRODUCTION

This appeal comes before us following a bench trial in which the essential dispute surrounded the cause of congestion and rashes experienced by workers in an office suite. Executive Dynamics Search, Inc. (EDS), an

executive recruitment agency, leased the suite from defendants/appellants.1 The lease was guaranteed by the owners of EDS, Richard C. Leon (Leon) and Ann W. Leon (collectively, plaintiffs). Six months into EDS’s occupancy of the suite, Leon and EDS staff members experienced symptoms that included congestion and rashes that seemed to be alleviated upon leaving the office. Plaintiffs reported the symptoms to the building’s property manager but quickly became dissatisfied with defendants’ response. Plaintiffs gave notice of rescission, vacated the suite and filed this lawsuit, asserting causes of action for rescission and negligence (among others). Defendants cross-claimed for breach of the lease and guaranty of lease. At a bench trial, plaintiffs’ only medical expert on causation opined the cause of the reported symptoms was “something in that environment.” The trial court found in favor of plaintiffs on the claims for negligence and rescission of the lease…