Rodrigue v. Rodrigue

WATHEN, Chief Justice.

[¶ 1] Plaintiff Cecile Rodrigue appeals from a summary judgment entered in the Superior Court (Somerset County, Alexander, J) in favor of defendant Francis Rodrigue. Plain tiff filed a complaint against defendant, her landlord, seeking damages for the personal injuries she suffered when she fell down the cellar stairs in defendant’s apartment building. Plaintiff contends that a material issue of fact remains with respect to whether the stairs were within her exclusive possession and control and, therefore, the court erred in granting a summary judgment. We agree, and we…