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Miller v. David Grace, Inc.

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


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.

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Holding and Reasoning (Colbert, J.)

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