Heynen v. Fairbanks

OPINION

CARPENETI, Chief Justice.

I. INTRODUCTION

A tenant fell on the outside stairs of her rented apartment and sustained a serious back injury. When she fell, one of the wooden stairs broke. She sued her landlord, from whom she subleased the apartment, alleging that her fall was caused by the landlord's negligent failure to inspect and maintain the staircase.

Before trial, the tenant filed a series of motions in limine, including one seeking to prevent the admission of evidence not previously disclosed during discovery on the issues of comparative negligence and failure to inspect and…