Johnson v. Apria Healthcare, Inc.

Sixth Circuit

Johnson v. Apria Healthcare, Inc.

102 F. App'x 479

CourtCourt of Appeals for the Sixth Circuit

DecidedJune 24, 2004

DocketNo. 03-5548

StatusPublished

This text of 102 F. App'x 479 (Johnson v. Apria Healthcare, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Johnson v. Apria Healthcare, Inc., 102 F. App'x 479 (6th Cir. 2004).

Pincite

Opinion

PER CURIAM.

Plaintiff, Howard Johnson, appeals the district court order granting summary judgment to Defendant. Apria Healthcare, Inc., in this diversity action stemming from their prior lessor (Plaintiff)lessee (Defendant) relationship. Having had the full benefit of briefing and oral arguments by both parties, we conclude that the district court properly granted the summary judgment because Plaintiff has failed to present any significant, probative evidence on the issue of damages. At most, the record showed that Plaintiff sustained damages of $22,826 as a result of Defendant’s conduct as a lessee. However, since Defendant has already paid Plaintiff $30,000 for any alleged damages resulting from Defendant’s tenancy. Plaintiff can show no further damages in this case, so long as Plaintiff is allowed to retain that $30,000 payment. Accordingly, we AFFIRM.

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PER CURIAM.

Plaintiff, Howard Johnson, appeals the district court order granting summary judgment to Defendant. Apria Healthcare, Inc., in this diversity action stemming from their prior lessor (Plaintiff)lessee (Defendant) relationship. Having had the full benefit of briefing and oral arguments by both parties, we conclude that the district court properly granted the summary judgment because Plaintiff has failed to present any significant, probative evidence on the issue of damages. At most, the record showed that Plaintiff sustained damages of $22,826 as a result of Defendant’s conduct as a lessee. However, since Defendant has already paid Plaintiff $30,000 for any alleged damages resulting from Defendant’s tenancy. Plaintiff can show no further damages in this case, so long as Plaintiff is allowed to retain that $30,000 payment. Accordingly, we AFFIRM.

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Bluebook (online)

102 F. App'x 479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-apria-healthcare-inc-ca6-2004.