Norton Rose Fulbright secures unanimous jury verdict for Davis Spring in lease dispute

On March 30, 2026, Norton Rose Fulbright obtained a unanimous jury verdict for client Davis Spring in a lease dispute with HealthTronics in Williamson County, Texas.

The case centered largely around a significant fire that occurred on September 23, 2023, at a 56,000-square foot industrial building in an office park in Austin, Texas, owned by Davis Spring. When repairs took longer than 180 days to complete, the tenant/defendant (HealthTronics), sent a purported notice of termination of the lease and moved out shortly thereafter. HealthTronics' purported termination exposed Davis Spring to approximately US$5.5 million in lost rent, putting its entire investment in the building at risk.

Each of the parties asserted competing breach of contract claims, with a range of damages at trial of over US$5 million. Following less than an hour and a half of deliberation, the jury rendered a unanimous verdict for all damages claimed under the lease plus US$2 million in attorneys' fees and expenses incurred. The jury also rejected HealthTronics' counterclaim, thereby also rejecting the defendant's damages claims and competing fee request, which totaled approximately US$1.5 million.

Richard Krumholz, Beau Cox, Kira Latham and Mallory Heffington comprised the core of Norton Rose Fulbright's Dallas -based trial team, which received substantial support from Patricia Noel, Rob Williams, Mark Emery and Anne Johnson.