Bokis v. Champion Financial Corp.

ORDER

LEE R. WEST, District Judge.

Plaintiffs, Charles (NMN) Bokis III, and Melva Sue Bokis, tenants, have sued their landlord, Champion Financial Corporation, for damages resulting from a fall in a common area of the leased premises. Defendant has moved for summary judgment, to which motion plaintiffs have responded.

Defendant bases its motion on the theory that it had no legal duty toward plaintiff, since the holes into which plaintiff stepped were known to plaintiff prior to the accident, and plaintiff has the status of a business invitee. All authority cited by defendant is prior to 1978,…