Darelyn Haynes v. Fountain View Condominiums: When she fell down a stairwell in the common area of her Groton condominium in December 2003, Darelyn Haynes suffered a herniated disc. The railing had been repaired with duct tape, and gave way when she was using the stairs to visit another tenant. A different tenant testified that, three years earlier, she had repaired the railing temporarily with duct tape and reported it to an officer of the condominium association.
Haynes testified she reported the broken railing in 2000 when she moved into the complex. The association’s president admitted being in the hallway hundreds of times during the three years the railing was broken, but said he had no knowledge that it was broken.
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