Bernstein v. Fernandez, 649 A.2d 1064 (1991)

Citation: Bernstein v. Fernandez, 649 A.2d 1064 (1991)
Parent Document: Bernstein v. Fernandez, 649 A.2d 1064 (1991)
Jurisdiction: DC (municipal)
Effective Date: 1991-03-28
Original Source: https://www.courtlistener.com/opinion/2103411/bernstein-v-fernandez/ ↗

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At trial Mrs. Fernandez testified that the bathroom ceiling continually leaked, and that the ceilings in other rooms leaked intermittently; they were replastered several times, but the repairs did not last. She also told of the repeated presence of dead rats and mice in the kitchen, which caused her to avoid the kitchen entirely, sometimes made her sick to her stomach, and — when she was able to sleep at all — gave her nightmares. Roaches also were a serious problem. In addition, Fernandez testified about other disruptive repairs; for example, a gas leak required tearing out the kitchen ceiling, and new floors had to be installed. During her testimony Mrs. Fernandez often referred to a *1068large number of photographs, which were admitted into evidence, sometimes individually, sometimes in groups. On cross-examination she acknowledged that some of the photographs depicted repairs in progress, such as ceilings torn out in order to be rebuilt, but she added that some of the repairs took a long time to complete (in one instance as long as six weeks), and that in the meantime she had to live amid the mess and the debris.

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