Hohnerlein v. Thomas

McMurray, Presiding Judge.

Plaintiff is the mother-in-law of a tenant in a rental home of which defendant, as executor, is landlord. Plaintiffs complaint alleges that while she was leaving the dwelling after a visit, the heel of her shoe caught between the boards of the front porch causing a fall which injured her. Defendant’s motion for summary judgment was denied and we granted defendant’s application for interlocutory appeal. The sole enumeration of error submits that the state court erred in denying defendant’s motion for summary judgment. Held:

Generally, “ ‘[m] embers of a tenant’s…