Paytan v. Rowland

Barbara Paytan brought this action against her landlord, Maxwell Rowland, to recover damages for injuries suffered when she fell through the back porch on premises she had rented from him. After filing grounds of defense, including a plea of contributory negligence, Rowland’s counsel took a discovery deposition of Mrs. Paytan. He then filed a motion for summary judgment, asserting that Mrs. Paytan had not made out a cause of action sufficient in law.

The trial court considered the motion on the pleadings and the discovery deposition, and entered summary judgment for the defendant landlord.…