Evidence Matters: Adam Leitman Bailey, P.C. Prevails at Trial Representing a Property Management Company in a Lawsuit Over Alleged Removal of Personal Property
Adam Leitman Bailey, P.C. prevails at trial after defeating its adversary by using the rules of evidence to its favor.
In a highly contentious matter, a Unit Owner in a Condominium, sued his property management company, alleging that they instructed the superintendent to discard of the Unit Owner’s personal property. In support of the Unit Owner’s claim, he submitted documentary “evidence” that his lessee misunderstood where he could store his personal property in the building’s storage room. Because of this alleged misunderstanding, the lessee purportedly called upon the property management company to remove all personal property belonging to the Unit Owner.
The property management called Adam Leitman Bailey, P.C., and emphatically denied any wrongdoing. The property management company shared its evidence that refuted the Unit Owner’s claim. More importantly, the property management company shared the Unit Owner’s “evidence” which immediately created a clear path to victory. The rules of evidence would lead Adam Leitman Bailey, P.C., and its client to victory.
As every lawyer learns in law school, a case cannot be based solely on hearsay. The law requires evidence be both relevant and in admissible form. The Unit Owner’s claim was entirely based on inadmissible evidence. Adam Leitman Bailey, P.C., instructed its client to focus on the rules of evidence rather than the contents of the case. The court could not grant judgment in favor of the Unit Owner without admissible evidence.
At trial, Adam Leitman Bailey, P.C. picked apart the Unit Owner’s case. At nearly every turn, objections to hearsay were put on the record by Adam Leitman Bailey, P.C. Every piece of “evidence” submitted by the Unit Owner was objected to as hearsay and under the best evidence rule. The court agreed and warned the Unit Owner and his attorney that his “evidence” is not admissible.
After trial, the court reserved its decision. A few months later, the court issued its decision. The court dismissed the Unit Owner’s claim in its entirety. The court stated, “Claimant’s entire evidentiary submission is comprised of hearsay evidence….” This victory shows that following the rules of evidence is equally as important as having a credible claim.
Courtney J. Lerias represented the client and Caleb J. Brown conducted and prevailed at trial.