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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Wingo v. Eagle Realty Co., 726 S.W.2d 805 (1987)

Citation
Wingo v. Eagle Realty Co., 726 S.W.2d 805 (1987)
Parent Document
Wingo v. Eagle Realty Co., 726 S.W.2d 805 (1987)
Jurisdiction
Missouri (state)
Effective Date
1987-02-10

Full Text

899 chars
Plaintiffs remaining point on appeal is that the trial court erred in granting summary judgment for the defendants while a genuine issue of material fact remains as to whether the porch was a common area. The accident happened while plaintiff was a guest at the apartment of Clyde Pegee and her sister, Rosalyn Marks. She fell off the porch which is located on the second floor and extends across the back of the building. Defendants relied on the deposition testimony of Clyde Pegee and Rosalyn Marks. They both testified that they had occupied the property from September, 1980, until the casualty on July 4, 1981. During that time no repairs were requested and none had been made on their apartment. Both Pegee and Marks testified that the only access to the back porch was through their kitchen and that their porch was divided from a porch provided for a neighbor on the second floor by a wall.