Moss v. Ten Associates

Pamela Moss appeals from an order granting summary final judgment and a directed verdict in favor of Ten Associates d/b/a West Club Apartments, of which William Gautier was trustee and receiver.

While walking back to her apartment after a swim, appellant was severely injured when the 300 pound chimney stack of a barbeque pit fell on her. The pit was one of several provided by the property owners for their tenants’ use and enjoyment. Although giving the appearance of sturdy construction when fully intact, each pit’s chimney stack was held to its base largely by gravity and a light exterior…