Ray Trotter v. Alice Anderson, Mary Saviano, Charles Zak and Hilda Zak

SWYGERT, Circuit Judge.

This diversity action was brought by Ray Trotter, an Alabama resident, against Alice Anderson, Mary Saviano, Charles Zak and Hilda Zak, all residents of Illinois. The complaint sought damages for injuries resulting to plaintiff when he fell down the basement stairs of a cooperative apartment building owned and maintained by the defendants. Only Alice Anderson and Charles Zak answered the complaint.

Subsequently Alice Anderson and Charles Zak filed a motion for summary judgment based upon the plaintiff’s testimony at his discovery deposition as well as five photographic…