Bourque v. Town & Country Realty, LLC

Gershengorn, Wendie I., J.

This is a personal injury case where the plaintiff fell on a set of stairs outside of her apartment. Before the court is defendant’s motion for summary judgment as to all of the plaintiff s claims: negligence (Count I) and breach of the implied warranty of habitability (Count II). For the following reasons, the defendant’s motion is Allowed.

BACKGROUND

On September 3, 2002, the plaintiff, Terri Bourque (“Bourque”), fell on steps leading to her apartment at 71 Messenger Street in Plainville (“the subject property”). On the date of the accident, the defendant, Town &…