Fidelity Mutual Life Insurance Co. v. Kaminsky

Facts

Defendant, Dr. Robert Kaminsky, leased office space from Plaintiff, Fidelity Mutual Life Insurance Company on May 1983. The lease had an express covenant of Defendant’s quiet enjoyment of the premises, which was conditional to Defendant’s proper rent payments. Likewise, the lease contained a provision that required Plaintiff to provide security services on Saturday. June 1984, anti-abortion protesters began to picket outside Defendant’s office. The majority of these protests took place on Saturday, when Defendant had abortion appointments scheduled. The protest intensified and, at times, the protesters entered into his office building and blocked the patients from entering. Defendant complained to Plaintiff, and Plaintiff did not provide any security to Defendant. Plaintiff’s attorneys sole instructed its agents to deliver notices to the protestors, which were never actually delivered. Thus, Plaintiff’s only response to the situation was to tell its agents that Plaintiff was aware of the problem. Defendant sought assistance through the sheriff’s department, but the officers refused to request the protestors to leave unless Plaintiff’s agents directed them to leave. Defendant abandoned the premises and stopped paying rent on December 3, 1984. Plaintiff sued for the balance of the lease, and Defendant contends the Plaintiff constructively evicted him. The jury found for Defendant, Plaintiff appealed on the grounds that Defendant was not constructively evicted because he was not permanently deprived of the use and enjoyment of the land.