Miller v. David Grace, Inc.

212 P.3d 1223 (2009)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Miller v. David Grace, Inc.

Oklahoma Supreme Court
212 P.3d 1223 (2009)

JL

Facts

Lora Ann Miller (plaintiff) leased an apartment from First Choice Management (First Choice) (defendant). Miller’s apartment was on the second floor and had a balcony. Miller noticed that the railing on the balcony was missing a screw and was loose. Miller notified First Choice about the issue, but First Choice did not repair the balcony. First Choice had previously contracted with David Grace, Inc. (Grace) (defendant) to rebuild all balconies in accordance with the local building code, but First Choice did not notify Grace of Miller’s complaint. The railing was actually missing additional screws and was not properly attached to the balcony deck. After leaning on the railing, Miller fell off the balcony and was injured. Miller sued First Choice and Grace for negligently maintaining and constructing the railing. The trial court ruled that First Choice was immune from liability arising from injuries occurring on leased premises. The trial court then granted summary judgment to First Choice and Grace. Miller appealed. The court of appeals affirmed the judgment in favor of First Choice but reversed the judgment in favor of Grace due to disputed factual issues. Miller then appealed to the Oklahoma Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Colbert, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 815,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 815,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 815,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership