Harrisburg Partner, Rolf Kroll, Obtains Defense Verdict in Five Day Commercial Property Loss Trial

On March 1, 2013 a Cumberland County jury returned a verdict of “no negligence” in favor of Mr. Kroll’s client, RESTORECORE, INC., an emergency fire and water damage restoration service.  Plaintiff sustained damage to his restaurant following a pipe burst on March 4, 2009.  Plaintiff’s commercial lines insurer retained RESOTRECORE, Inc., to repair the damages to Plaintiff’s restaurant, pursuant to the policy of insurance issued to Plaintiff.  Plaintiff contended that RESTORECORE was negligent in failing to consult with him in decisions regarding the scope of restoration, in failing to complete the work in a timely manner, and in performing work plaintiff described as a “nightmare.”  Plaintiff claimed the alleged negligence of RESTORECORE caused a fatal interruption of his income stream and ultimately resulted in the loss of his business which he operated on premises he rented.  Plaintiff also claimed he was the victim of violations of the Landlord-Tenant Act by his landlord during the restoration process and that his commercial lines insurance company breached the terms and conditions of the policy they issued by failing to pay benefits in a timely manner.  Plaintiff asserted damage claims including a loss of his initial investment in his business of over $120,000.00, lost business income and property damage of over $200,000.00 during the period of restoration, and significant lost future profits.  Plaintiff also asserted claims for punitive damages and intentional infliction of emotional distress.  Plaintiff rejected all settlement offers.  Mr. Kroll established that his client responded within 90 minutes of receiving the phone call notifying it of the loss.  Further Mr. Kroll proved that his client performed quality work to restore the restaurant to its pre-loss condition. Although the jury vindicated the work of RESTORECORE, it entered an award against the landlord for both compensatory and punitive damages.