Walston v. Birdnest Apartments, Inc.

This is a suit for personal injuries by a residential tenant against her landlord and its agents for the negligent maintenance of an apartment stairway on which she slipped and fell. The trial court directed a verdict for the defendants. Plaintiff appeals, primarily contesting the applicability of an exculpatory clause in her lease. We affirm.

On February 1, 1976, the plaintiff, Jan Walston, leased an upstairs apartment in an apartment complex owned by defendant Birdnest Apartments, Ltd. Although plaintiff's complaint alleged this defendant to be a corporation, evidence was introduced at…