Daniel v. Zurich Insurance

AYRES, Judge.

This is an action for damages for personal injuries allegedly sustained by plaintiff when her fingers were crushed while attempting to lower a window in a leased residence. While being lowered, the window fell when the window cord, due to its deteriorated condition, broke. Made defendants were plaintiff’s lessors and their insurer.

Negligence charged to the lessors consisted of their failure to properly construct, maintain, or repair the leased premises, particularly the window cord. The defense is that, if the alleged accident occurred as a result of a defect in a window of the…