Kelly v. Kaufman

PEARSON, Judge.

This is an appeal from a summary judgment for the defendant in a negligence action. The trial judge had before him at the time of the entry of the summary judgment the complaint and answer, the discovery deposition of the plaintiff which was taken by the defendant and the discovery deposition of the defendant taken by the plaintiff. Each of the depositions had as exhibits photographs which were important to an understanding of the allegations of the complaint. A part of the opinion of the trial judge is as follows:

“Plaintiff, a lady of 68 years, resided in Defendant’s apartment…