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/ ↗

Full Text

1,519 chars

In defense H & M called five repairmen, who testified about their various repairs of the leaking and falling ceilings in the Fernandez apartment. The testimony of the repairmen reinforced H & M's contention that many of the photographs introduced by Fernandez depicted repairs in progress. The repairmen stated that the leaking in the ceilings was principally caused by tenants upstairs who showered by pouring buckets of water over themselves, splashing it all over the floor, and by overflow from a stopped-up sink. One repairman, Horace Johnson, testified that the wooden slabs in the bathroom ceiling were rotten and produced a very bad smell. Another, Malcolm Wells, said he had repaired a drainpipe that was leaking into the Fernandez apartment. Wells and other witnesses testified that Mrs. Fernandez kept the apartment in an unsanitary condition, with dirty dishes in the sink, trash scattered about, and pots and pansmany of them containing foodat various places throughout the kitchen. The resident manager, Daniel Staten, said that the apartment was "very dirty" and that he frequently saw food in uncovered pots and dishes in the kitchen, where they would attract roaches and rodents. He stated that when Mrs. Fernandez asked him how she could get rid of all the rats and mice, he told her that she would "have to move some pots and food out of the way and put [them] in a safe place." Mr. Staten's testimony, like that of Mrs. Fernandez, was supported by photographs, which were introduced into evidence.

Other Sections in This Document (123)

Full Text