“THE DEFENDANT LANDLORD bought a 1956 house out of foreclosure. There was no inspection. The defendant turned it around and rented it within 30 days to tenant. There were no inspections/evaluations by the landlord (waiting until the city inspection done months into lease). Inspection fixes in the city are not verified by the city, and the city relies upon an affidavit by the landlord. Plaintiff’s counsel put on proofs that the landlord did not fix all defects and not all timely after the landlord was cited for proper- ty code violations from that later inspection by the city, including “toe plates” (rotting/ deteriorating), which are foundational structures for the garage.
The landlord got the violation notices and undertook to fix these violations. The landlord did not ask the tenant to do so.
Months after the city violated the defendant for the inspection violations, the plaintiff was sweeping in the middle of the garage to prepare for a birthday party for a son. The kids were outside. The door was lifted up by one or more of them; it went up into the rails and then out the back rails and down on the plaintiff’s head, causing immediate pain/shooting pains. Eventually, the plaintiff had to have a C5-6 neck fusion surgery, with complications and life-long difficulties. . . ”
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