Davis Ex Rel. Davis v. McDougall

SPEAR, Justice.

This is an appeal from an order of the district court granting summary judgment against Jodi Jan Davis and Jana Davis, appellants herein, denying recovery to them for personal injuries suffered by the former and which were allegedly caused by the negligence of Isaac McDougall, respondent.

Jodi Jan Davis, a three and one-half year old child, and her mother, Jana Davis, were tenants of an apartment house controlled and operated by Isaac McDougall in his capacity as Executor of the Estate of Grace McDougall and Trustee for Catherine McDougall Van Vleck. In the basement of the…