Jorgensen v. Massart

This is an appeal from a summary judgment dismissing an action for damages.

The factual situation presented to the trial court on the motion for summary judgment, based on the pleadings, a deposition and affidavits, was as follows:

The plaintiff, Gertrude Jorgensen, went to lunch with her married daughter. When they returned to the Jorgen-sen apartment, they found water on the floor of the kitchen and it was just beginning to spread to the living room. They moved some furniture, rolled back a rug, and “dammed” the water with towels and bath mats, thus preventing the encroachment of the water…