Strayer v. Lindeman

In denying defendants-appellees’ motion for summary judgment the trial court stated that deposition testimony of Linda Strayer and Mark Lindeman “clearly indicate [d] that Sylvester Brown was not the agent or servant of Mark A. Lindeman and/or Rita C. Lindeman at the time of the fire, but was an independent contractor.” The court noted, however, that R. C. 5321.04(A) provides: “A landlord who is a *34party to a rental agreement shall; * * *(2) make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition.” The court overruled the summary…