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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Labarbera v. Malec, 540 S.W.3d 903 (2018)

Citation
Labarbera v. Malec, 540 S.W.3d 903 (2018)
Parent Document
Labarbera v. Malec, 540 S.W.3d 903 (2018)
Jurisdiction
Missouri (state)
Effective Date
2018-03-06

Full Text

858 chars
Plaintiff contends that her case is similar to Harrison because like in Harrison the landlord acted on her own initiative in purchasing the smoke detectors and by offering to replace them each October. We fail to see the factual similarities and find Harrison to be inapposite to this case. Unlike in Harrison , there was no evidence that Defendant inspected and repaired the Property on her own initiative without Washburn's consent. As set forth above, there was an oral agreement that Washburn *910would call if any repairs were needed and would often make the repairs himself. That Defendant purchased the smoke detectors before Washburn's lease began and reminded Washburn about replacing the batteries each October did not impose a duty on Defendant to maintain the smoke detectors. Plaintiff's sole point is denied but we must address one final issue.