Gordon Rees Scully Mansukhani Houston Associate Arman Nikkhoo obtained a directed verdict at trial in a case involving claims related to the alleged auction of items from a rented storage unit.
The plaintiff alleged that the items in her storage unit had been improperly auctioned after she failed to make timely rental payments. In response, GRSM raised several defenses: the items in question were never auctioned; the plaintiff had enrolled in the SureSmart Protection Program and accepted full indemnity through a negotiated settlement check; and evidence indicated that she entered the premises several days prior to the alleged loss, which directly contradicted her own testimony. During cross-examination, Nikkhoo methodically guided the plaintiff through key portions of the lease agreement, highlighting each instance where she initialed and elected indemnity coverage. He established the critical elements supporting the affirmative defense of accord and satisfaction.
Following the plaintiff’s case-in-chief, Nikkhoo moved for a directed verdict, renewing arguments from an earlier motion for summary judgment. The court granted the motion on the grounds of accord and satisfaction, resulting in the complete dismissal of the plaintiff’s claims.
This result highlights GRSM’s ability to successfully navigate complex matters under challenging circumstances, such as defending against a pro se plaintiff’s claims. GRSM’s Commercial Litigation practice delivers strategic, cost-effective solutions for clients facing high-stakes contract disputes, supported by a nationwide team of experienced trial lawyers.