Hall v. Thompson

Birdsong, Judge.

This is a defective condition case, arising from the plaintiffs fall when a plank broke on the porch of her mother’s rented house. Plaintiffs mother had lived in the house 10-12 years and this plank had “sagged” for years. Plaintiff visited her mother each day and crossed this plank, always avoiding stepping on it because she knew it was hazardous. On this day, she forgot about the plank’s condition and stepped on it, whereupon it sagged and broke. Plaintiff conceded she had never made a specific complaint to the landlord about this plank. Held:

1. The trial court granted…