Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)

Citation: Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)
Parent Document: Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)
Jurisdiction: Massachusetts (state)
Effective Date: 2001-05-13
Original Source: https://www.courtlistener.com/opinion/8354352/ruiz-v-pelson-realty-trust/ ↗

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The defendants rely on Maddox v. Ponzo, Middlesex Superior Court No. MICV94-07503 (November 11, 1995) (Welch, J.), where it appears that the Court, in a brief order, held that a tenant who fell on an exterior staircase was not permitted to recover under a claim of breach of the implied warranty of habitability. See also “Tenant Can’t Recover Over Defective Common Area,” 7 Mass. L. Rptr. 565. In Maddox, the court did not have the benefit of the analysis of this issue in McAllister. In any case, insofar as the court reached a different result in Maddox, I decline to follow it in this case.

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