Nature of the Case
To access this section all you need to do is click here and register.
Facts
The decedent leased the lower apartment of a two-family house owned by D. The tenants of both apartments used the basement and the one stairway leading thereto. This stairway was constructed of wood, and the bottom step had been cracked and had been nailed back on. The second step from the bottom also was cracked for several inches at the center. D was informed but failed to repair the stairway. On the fateful day, the decedent picked up a box and started down the stairs to the basement. P then heard a crash. She ran to the stairway, which was only four or five steps from where she was standing, and saw the decedent 'at the foot of the stairs leading to the basement, on the basement floor, grasping at his chest.' The decedent said, 'Something broke,' and then as part of the same sentence, he said, 'Something gave away in here,' and pointed to his chest. After assisting the decedent upstairs, P inspected the stairway and found that a piece had broken off from the tread of the second step up from the bottom. Several months after the accident the decedent died. P sued D. At the trial, there was medical testimony that the accident was the cause of his death. P claimed the stair broke and caused the decedent to fall. D claims that the decedent fainted or lost his footing and that the stair was broken by the carton which fell down the steps. The jury found in favor of P. The Appellate Division reversed and dismissed the complaint on the ground that P had failed to show a causal connection between the defect in the stairway and the injury to P. P appealed.
Support@ bsmsphd.com
Casebriefs Co