Sacker v. Perry Realty Services, Inc.

I respectfully dissent.

Sacker deposed that she walked out of her condominium to retrieve a case of soft drinks from her husband’s car, which was located in the condominium parking lot. It was about 7:00 p.m. at the time and was dark outside. The parking lot in front of her condominium was elevated about five to six feet above the ground level of the condominium, and was separated from the condominium by a five to six foot high retaining wall. The top of the retaining wall was roughly at the level of the parking lot. The parking lot was designed so that cars were parked in spaces close to the…