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A St. Louis County jury rejected a Ballwin tanning salon owner’s lawsuit against a commercial real estate brokerage and agent alleged to have failed to fully disclose the scope of a nearby Andy’s Frozen Custard stand — a franchisee she blamed for the demise of her own business.
Copper Tan Tanning Salon-Ballwin owner Allison Miller sued L3 Corporation and Alex Apter in 2022, claiming traffic and parking problems caused by the busy custard stand destroyed her business in 2016. She alleged the brokerage failed to disclose “all the material adverse facts” of a 4,000-square-foot “out lot” or pad advertised for rent by the Gordon Plaza shopping center on Manchester Road when she was negotiating her own lease.
The jury sided with the defendant, rejecting the claim of negligence after a four-day trial. An additional count of breach of fiduciary duty was not submitted to the jury, court records indicate.
St. Louis defense attorney Steven Schwartz of Brown & James, who represented the brokerage, said that the plaintiff was provided a brochure advertising the lot’s availability to rent — an option that was also disclosed on a sign at the property, he said.
“The advertisement was obvious to the plaintiff, and she was well aware that a drive-thru business could go in near her leased space,” he said, adding that “records showed that the tanning business started to decline before the custard stand was added to the shopping center.”
He said the plaintiff sought $300,000 in damages. An attorney representing the tanning salon owner did not respond to requests for comment.
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Defense verdict
Real estate
Venue: St. Louis County Circuit Court
Case Number/Date: 22SL-CC03483/Feb. 1, 2024
Judge: Dean Waldemer
Pretrial Demand: $210,000
Insurer: Ironshore Pro
Defendant’s Experts: Peter Sheahan (commercial real estate broker); Peter Karutz (damages); Ian Silberman (commercial real estate)
Caption: Allison Miller and Copper Tan LLC v. L3 Corporation
Plaintiffs’ Attorney: Michael Lawder, Anderson & Gilbert, St. Louis
Defendant’s Attorneys: Steven Schwartz and Rebecca Verble, Brown & James, St. Louis
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