Lemley Ex Rel. Lemley v. Penner

The opinion of the court was delivered by

Herd, J.:

Defendant-appellant, Louis R. Penner, appeals from a jury verdict in the amount of $8,000 in favor of Troy E. Lemley, plaintiff-appellee, for injuries sustained as a result of a fall through an interior wall of the house rented by the Lemley family from Penner. In an unpublished opinion, the Court of Appeals affirmed the award of damages to Troy Lemley. We granted Penner’s petition for review to resolve the issue of the landlord’s liability.

Louis Penner purchased the house located at 405 Ottawa, De Soto, for rental property in 1948. No major…