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Ortega v. Flaim

Wyoming Supreme Court
902 P.2d 199 (1995)


Facts

Guido Flaim (defendant) orally leased a home to Dan and Becky Stroud. The leasing parties did not make any agreements regarding repairs, express warranties of habitability, or Flaim’s retention of control over the home. Jackie Ortega (plaintiff), a social guest at the Stroud’s home, fell down an interior staircase injuring herself. The Strouds had previously complained to Flaim that the stairs were dangerous. Ortega sued Flaim. The trial court found that the dangerous condition of the stairs was known. Under the common law, a landlord is only responsible for injuries caused by hidden defects. Because the condition of the stairs was a known or patent defect, Flaim was not responsible for injuries caused by the stairs. Ortega also argued the theory that Flaim had a duty of reasonable care, as well as theories of implied warranty of habitability, nuisance, and strict liability. The trial court rejected all of Ortega’s theories of liability and granted Flaim’s motion for summary judgment. Ortega appealed.

Rule of Law

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Issue

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Holding and Reasoning (Golden, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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