Lena Robinson v. Diamond Housing Corporation, 463 F.2d 853 (1972)

Citation: Lena Robinson v. Diamond Housing Corporation, 463 F.2d 853 (1972)
Parent Document: Lena Robinson v. Diamond Housing Corporation, 463 F.2d 853 (1972)
Jurisdiction: DC (municipal)
Effective Date: 1972-04-03
Original Source: https://www.courtlistener.com/opinion/304588/lena-robinson-v-diamond-housing-... ↗

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It would thus appear, at first blush at least, that the Edwards principle should control disposition of this case. Applying this principle Diamond Housing would prevail if it were able to prove to the satisfaction of a jury that it evicted Mrs. Robinson because it could not afford to repair the premises, or for some other valid reason, or for no reason at all. But questions of motivation are particularly inappropriate for resolution on a motion for summary judgment. See Poller v. Columbia Broadcasting System, Inc., 368 U.S. 464, 473, 82 S.Ct. 486, 7 L.Ed.2d 458 (1962). There is also the possibility--indeed, the trial judge viewed it as a near certainty10--that the jury would find Mrs. Robinson's eviction to be based on an illicit motive. Given the legal sufficiency of the Edwards defense, Mrs. Robinson should have been permitted to make her case if she could, and the factual issue should have been left in the hands of a jury.

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