Marshalls Nashville v. Harding Mall

Marshalls of Nashville, Tennessee, Inc. (hereafter "Plaintiff") filed suit in the Chancery Court for Davidson County against
Harding Mall Associates (hereafter "Defendant") for damages resulting to Plaintiff's premises and merchandise. Plaintiff leased
its premises from Defendant and contends that the damages it sustained resulted from Defendant's alleged breach of lease and
tortious conduct. Following a bench trial, the chancellor found for Defendant and dismissed Plaintiff's complaint. Plaintiff
contends on appeal that the chancellor erred in dismissing its complaint. We find no error and affirm. Plaintiff became a tenant in the Harding Mall Shopping Center owned by Defendant in 1983 when it took over the space occupied
by Service Merchandise, assuming its lease. The lease was duly assigned to Plaintiff with the consent of Defendant. Plaintiff
began to experience roof leaks almost immediately after it became Defendant's tenant. These leaks continued over a two-year
period. Defendant undertook to repair the roof in certain areas from time to time. In addition, Defendant installed a system
of channels between the structural roof and the suspended ceiling in Plaintiff's store in order to catch the water as it leaked
through the roof. This water was diverted into a catch basin and ultimately removed.