Justia Landlord - Tenant Opinion Summaries

A commercial landlord who leases space to an operator of a health studio does not owe a duty under Health and Safety Code section 104113 or the common law to acquire and maintain an automated external defibrillator (AED) at the space or ensure that the operator does so. The Court of Appeal affirmed the trial court's grant of summary judgment for defendants in an action alleging negligence per se and negligence based on defendants' failure to maintain an AED on the premises of a boxing club. The court considered the Rowland v. Christian, (1968) 69 Cal.2d 108, factors and held that defendant did not owe a duty to the gym's patrons to provide an AED on the premises nor a duty to require as a condition of the lease that the gym provide an AED on the premises. View "Day v. Lupo Vine Street, LP" on Justia Law

Plaintiffs filed suit against their landlord for alleged negligence after a fire in an upstairs apartment caused injuries to several tenants. The Court of Appeal affirmed the trial court's grant of summary judgment for the landlord, holding that defendant met his initial burden of presenting prima facie evidence that plaintiffs would not be able to establish the element of causation. The court also held that plaintiffs' reference to the discrepancy in the declaration of an expert fire investigator without evidence to establish the significance thereof on the issue of causation, was insufficient to create a triable issue of material fact; plaintiffs never properly alleged a cause of action based on a failure to warn theory; potential inferences that arguably arose under the evidence offered by defendant were not sufficient to create a triable issue of fact; and plaintiffs' 11th-hour spoliation claim was properly disregarded by the trial court under the circumstances. View "Leyva v. Garcia" on Justia Law

Plaintiffs filed suit against their landlord for alleged negligence after a fire in an upstairs apartment caused injuries to several tenants. The Court of Appeal affirmed the trial court's grant of summary judgment for the landlord, holding that defendant met his initial burden of presenting prima facie evidence that plaintiffs would not be able to establish the element of causation. The court also held that plaintiffs' reference to the discrepancy in the declaration of an expert fire investigator without evidence to establish the significance thereof on the issue of causation, was insufficient to create a triable issue of material fact; plaintiffs never properly alleged a cause of action based on a failure to warn theory; potential inferences that arguably arose under the evidence offered by defendant were not sufficient to create a triable issue of fact; and plaintiffs' 11th-hour spoliation claim was properly disregarded by the trial court under the circumstances. View "Leyva v. Garcia" on Justia Law

The carbon monoxide detector in an apartment sounded. A maintenance worker replaced the batteries; the alarm later sounded again. The following morning, tenants called Virginia Natural Gas (VNG). VNG’s inspector measured the apartment’s CO levels as hazardous, turned off the gas, and “red-tagged” the furnace. A maintenance worker later declared that he had checked the furnace and vent pipes for leaks, found an attic vent pipe loose, reattached it, and rechecked the CO level, Although not licensed to make heating system repairs, he used screws to secure the sections, contrary to specifications. A code enforcement officer determined that CO levels were within the acceptable range, without visiting the attic or inspecting the equipment. Weeks later, the alarm sounded again. A VNG inspector red-tagged the furnace. With a new furnace installed, the CO levels remained high. The adjoining apartment's furnace was venting into the attic. When the flue was repaired, CO levels dropped. The tenants suffered injuries. In their suit, the court ruled that the tenants failed to establish the requisite level of negligence for punitive damages. They were permitted, over the landlord’s objection, to increase their prayers for compensatory damages. The jury awarded three tenants $200,000 each and a fourth $3,500,000. The Supreme Court of Virginia reversed in part and remanded for a new trial. The court erred in admitting the testimony of an environmental medicine specialist, which had not been disclosed under Rule 4:1(b)(4)(A)(i); erred in admitting testimony regarding alleged defects in the installation of the new furnace--such defects were after-the-fact and not relevant; in permitting amendment of the prayers for relief; in granting a spoliation instruction with regard to tenants’ inability to inspect the furnace. View "Emerald Point, LLC v. Hawkins" on Justia Law

Whitney Bright appealed the grant of summary judgment to Roman and Natalya Maznik. The Mazniks owned property who leased an apartment to James and Katherine Thomas, owners of a Belgian Shepherd. When Bright visited the Thomas’ apartment in an effort to collect on a debt, the Thomas’ dog attacked her. Bright then lodged a complaint against the Mazniks, alleging various tort claims arising from the attack. The district court granted the Mazniks’ motion for summary judgment, finding the Mazniks owed no duty to protect Bright from the Thomas' dog. Therefore, the district court's grant of summary judgment on Bright's tort claims was proper, and the Idaho Supreme Court affirmed. View "Bright v. Maznik" on Justia Law

Appellant appealed from the superior court’s post-judgment order awarding her attorney fees in the amount of $8,000 after a jury found Appellee liable for illegal eviction and wrongful use of civil proceedings. Appellant had requested nearly $60,000 in attorney fees. The Supreme Court affirmed, holding that the superior court did not apply an improper standard in evaluating Appellant’s request for attorney fees and that the court’s ultimate fee award was not an abuse of discretion. The court reviewed the award of attorney fees pursuant to Me. Rev. Stat. 14, 6014(2)(B) for an abuse of discretion and according the trial court substantial deference. View "Sands v. Thomas" on Justia Law

Francis Weber was severely burned by hot mineral water when he lost consciousness in a steam room in Hot Spring State Park. Weber brought a personal injury action against several defendants, including the State. The district court granted summary judgment in favor of the State, concluding that it was immune from suit pursuant to the Wyoming Governmental Claims Act. The Supreme Court reversed, holding that the State's activities in the park fell within the statutory waiver of immunity for operation and maintenance of a public park as (1) overseeing building construction on leased property and delivery of hot mineral water to lessees are part of the State's operation of the park, and (2) under these circumstances, the State's operation and maintenance of the park included overseeing and/or inspecting its lessee's property. Remanded.View "Weber v. State" on Justia Law