Ellis v. Hartford Run Apartments LLC

The plaintiffs submitted sufficient evidence to create a question of fact for jury resolution in their negligence suit against their landlord, in which they alleged that their property was damaged because the landlord failed to keep their apartment in good repair.

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Julian Ellis and Lisa Hicks filed this action for property damages and personal injury, alleging that the defendants failed to keep their apartment in good repair. The defendants, property owner Hartford Run LLC, property management company BM Management LLC, and property management agent Sheila Foster,1 counterclaimed for unpaid rent and for the rent due for the duration of the lease. The trial court granted the defendants summary judgment and the plaintiffs appeal.

On appeal, the plaintiffs argue that the trial court erred in granting the defendants summary judgment on their negligence claim because whether the defendants breached their duty to maintain the property in good repair is a fact question requiring jury resolution; they were not required to present expert testimony on the issue of causation; and their knowledge of any defects does not bar their action. We agree that the plaintiffs submitted sufficient evidence to create a question of fact on the issue of breach of duty; that they were not required to submit expert testimony to support their property damage claim; and that their knowledge of any defects does not bar their action. We hold, however, that the plaintiffs were required to submit expert testimony to support their personal injury claim.

Ellis v. Hartford Run Apartments LLC

The plaintiffs submitted sufficient evidence to create a question of fact for jury resolution in their negligence suit against their landlord, in which they alleged that their property was damaged because the landlord failed to keep their apartment in good repair.

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