Fox v. PGML, LLC

CALABRIA, Judge.

Cathy Fox (“plaintiff’) appeals from the trial court’s order granting summary judgment in favor of PGML, LLC, and the Estate of Gary Lee Tomasulo (“Tomasulo”), by and through its executrix, Marie Tomasulo1 (collectively “defendants”). We reverse and remand.

I. Background

Defendants own a building located at 217 West Main Street in Washington, North Carolina (“the building”) that is rented to tenants for use as retail stores, apartments, and storage. In July 2009, Tomasulo hired a crew to paint the metal steps on the exterior fire escape at the rear of the building. During the…