Miller v. David Grace, Inc.
Oklahoma Supreme Court
212 P.3d 1223 (2009)

- Written by Josh Lee, JD
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…
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.