Parson v. Whitlow
Decision Date | 24 April 1970 |
Citation | 453 S.W.2d 270 |
Parties | Samantha PARSON, Appellant, v. Stella M. WHITLOW, a/k/a Stella M. Cox, Appellee. |
Court | United States State Supreme Court — District of Kentucky |
Robert E. Hogan, Louisville, for appellant.
Charles B. Zirkle, Zirkle, Raine & Francis, Louisville, for appellee.
CLAY, Commissioner.
Plaintiff appellant brought this suit to recover damages for personal injuries sustained when she fell down a stairway on premises she rented from defendant appellee. After the plaintiff's deposition was taken and affidavits filed, the trial judge granted defendant a summmary judgment on the ground that plaintiff was contributorily negligent as a matter of law.
Plaintiff rented an upstairs apartment with an entrance on the street and a stairway leading up to it. There was a landing near the top. One afternoon plaintiff was descending with a child in her arms. It is difficult to determine from her testimony what caused the fall. Here are extracts therefrom:
'
Plaintiff had lived on these premises for over a year. The steps had been in the same condition for that period of time. The protruding nails to which reference was made were left there when mats had been removed.
The evidentiary material appearing in this record fails to disclose any issue of fact with respect to the negligence of the defendant. While it was alleged in the complaint that defendant had violated a city ordinance, the plaintiff's brief disclaims such a violation. Therefore, defendant's liability is controlled by the common law duties owed by a landlord to a tenant.
The plaintiff in her deposition admitted that this stairway constituted a separate entrance to her upstairs apartment and it appears that it was designed for the exclusive use of the upstairs tenant. Though plaintiff states in her affidavit that defendant used the stairway for the storage of certain articles and for the maintenance of her apartment, there is no showing that defendant retained control of the stairway for the benefit of any other tenants.
In Cohen v. White, 206 Ky. 209, 266 S.W. 1078 (1924) the governing principles are thus set forth (page 1078 S.W.):
...
To continue reading
Request your trial-
Milby v. Mears
...a known defective condition which is unknown to the tenant and not discoverable through reasonable inspection. See Parson v. Whitlow, Ky., 453 S.W.2d 270 (1970); Carver v. Howard, Ky., 280 S.W.2d 708 (1955); Larkin v. Baker, 308 Ky. 364, 214 S.W.2d 379 (1948); Consolidation Coal Co. v. Zari......
-
Joiner v. Tran & P Props., LLC
...tenant and not discoverable through reasonable inspection. Milby v. Mears , 580 S.W.2d 724, 728 (Ky. App. 1979), citing Parson v. Whitlow , 453 S.W.2d 270 (Ky. 1970) ; Carver v. Howard , 280 S.W.2d 708 (Ky. 1955) ; Larkin v. Baker , 308 Ky. 364, 214 S.W.2d 379 (1948) ; Consolidation Coal Co......
- Blank v. Chawla
-
Miller v. Cundiff, 2005-CA-002536-MR.
...the tenant and not discoverable through reasonable inspection. Milby v. Mears, 580 S.W.2d 724, 728 (Ky.App.1979), citing Parson v. Whitlow, 453 S.W.2d 270 (Ky.1970); Carver v. Howard, 280 S.W.2d 708 (Ky. 1955); Larkin v. Baker, 308 Ky. 364, 214 S.W.2d 379 (1948); Consolidation Coal Co. v. Z......