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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

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“Common areas” which are used by more than one tenant ordinarily would be in the control of the landlord and the landlord must maintain them in a reasonable safe condition or be liable for damage resulting from the failure to do so. Peterson v. Brune, 273 S.W.2d 278, 280 (Mo.1954). However, a landlord is not ordinarily liable for injuries resulting from a defective condition in part of the premises not reserved by the landlord for common use of two or more tenants, but are demised to a particular tenant. Gray v. Pearline, 328 Mo. 1192, 43 S.W.2d at 805. On the undisputed facts the porch in question was not a common area. The trial court did not error in granting summary judgment for defendants. The judgment is affirmed. PUDLOWSKI, P.J., and CRANDALL, J., concur.