Kusy v. Fogwell

Plaintiff Frank P. Kusy (Kusy) brought this action against defendant Louise Fogwell (Fogwell) and Robert Fogwell (Robert). Kusy was allegedly injured when he fell through a hole cut by Robert in the roof of a house owned by Fogwell. Fogwell has moved for summary judgment, contending that she owed no duty to Kusy and therefore Kusy’s claim must fail as a matter of law. For the following reasons, Fogwell’s motion for summary judgment is DENIED.

BACKGROUND

Kusy was injured on or about November 21, 1991, when he fell through a hole in the roof of a house located on property at 638 Oxford Street,…