Wingo v. Eagle Realty Co.

KAROHL, Judge.

This is an appeal from a summary judgment in favor of defendants D.J.K. Investments Inc., the owner of a four family flat, and Eagle Realty Co., the manager of the property. Plaintiff Cora Wingo sustained serious physical injuries when she fell from a second floor porch which she entered through an apartment rented to Clyde Pe-gee and Rosalyn Marks, plaintiffs sister. The trial court determined that there was no material issue of fact in dispute on the question of whether the porch was part of the rented premises and a non-common area. The court found from the undisputed record…