Calkins v. Cox Estates

OPINION

BACA, Justice.

Petitioner, personal representative of the estate of Daniel Enriquez, brought a wrongful death suit against respondent, the decedent’s landlord, alleging negligence. The decedent, an eight-year old boy, was killed when he was struck by an automobile on a frontage road in the vicinity of the apartment complex where he lived. Petitioner appeals the trial court’s grant of respondent’s motion for summary judgment, which was affirmed by the court of appeals. The motion was based on the contention that the lessor had no duty to maintain a fence located on his property. The…