Case Study: Expert Witness Testimony
Greg Ryan: Saving an Attorney's Client from Landlord Misrepresentation
Attorney Greg Ryan was representing a celebrity client who, through his entertainment
management company, had entered into an agreement to create a Mexican restaurant
with dancing and music. Greg's client had agreed to the lease without representation,
and had gotten himself into an extremely difficult situation, due in large
degree to misrepresentation on the part of the property's landlord. Greg Ryan
retained Ira Spilky to investigate the property, the
lease, and the history of the negotiations, prepare a report, and testify
as an expert witness.
Ira put his 25-years of restaurant, brokerage and lease negotiation experience
to work. He carefully reviewed every existing document, examined the property
itself, and prepared his report. Ira's document outlined detailing how the
lease negotiations had been handled and where they had gone wrong, detailing
extensive misrepresentation on the part of the landlord.
Ira testified to his findings in superior court. The landlord's attorney's
worked hard to discredit Ira's testimony, but Ira's reporting of the many fallacies
in the lease and non-disclosure of material fact stood up. Greg's client
was saved ten years of rental payments that would have totaled close to a million
and half dollars.