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Riggs v. Highland Hills Apartments LLC

The trial court erred in granting summary judgment to the defendant landlord in the plaintiff's premises liability action arising after he tripped and fell in a common area at the apartment complex where he lived, as factual disputes remained with regard to causation and the landlord's superior knowledge.

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Todd Riggs brought this premises liability action after tripping and falling in a common area at the apartment complex where he lived. The trial court granted summary judgment to defendants Highland Hills Apartments, LLC, Sabra Property Holding, LLC, and Sabra Property Management, LLC collectively, the landlord, finding that Riggs had pointed to no evidence showing either that the alleged defect – a hole in a concrete walkway – caused his fall or that the defendants had superior knowledge of the alleged defect. As detailed below, factual disputes exist as to both of these issues, precluding summary judgment, and we decline to affirm the trial court’s ruling under the right for any reason rule because we do not find merit in either of the landlord’s other arguments that as a matter of law Riggs had equal knowledge of the hole and failed to exercise ordinary care, and that the landlord owed Riggs a lesser duty because as a matter of law Riggs was a trespasser because he was not named on the rental application. Accordingly, we reverse.

1. Facts and procedural history.

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