Spaine v. Kiwec Storage

Michael Becker (Atlanta, GA) (General Liability) obtained a Defense Verdict in a lawsuit alleging Kiwec Self-Storage improperly auctioned the contents of Anne Spaine’s storage unit following her failure to make monthly rental payments. The evidence at trial revealed Spaine regularly let her account fall into delinquency for several months at a time, and then she would pay to bring her account current just before auction. However, she did not notify Kiwec of an address change and so after letting her account go delinquent for several months, the contents of her storage unit were sold at auction. Spaine alleged she was not notified of the date of an auction sale and therefore that Kiwec failed to give the proper statutory notice of the auction date and time because they sent the notice to her old address. However, at trial the court determined that under her written contract Spaine had the obligation to give written notice of her address change, which she failed to do, and entered a verdict for the defense. Plaintiff did not appeal.