Di Mare & Drews, Inc. v. Kerrigan

We affirm the judgment under review and write only to address two issues.

Judge Warner has correctly described the incident leading to this lawsuit, as well as some allegations from the pleadings. Irrespective of the general claim formed by the complaint, however, plaintiff tried this case on a single theory: that the defendant owner of the apartment building negligently maintained a dangerous doorway exit from an apartment unit causing plaintiff, a visitor, to suffer serious injuries. There was evidence that the exit violated the building code in at least three respects, one of which involved…