[Download] "Marie Lealiou v. John E. Quatsoe" by Supreme Court of Wisconsin " Book PDF Kindle ePub Free

April 01, 2021

eBook details

Title: Marie Lealiou v. John E. Quatsoe
Author : Supreme Court of Wisconsin
Release Date : January 28, 1961
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 71 KB

Description

This appeal is from a summary judgment dismissing the complaint on the ground the safe-place statute did not require the defendant-owner
John E. Quatsoe to maintain in a safe condition that part of the building where the accident happened. The plaintiff Marie
Lealiou, a frequenter, sustained injuries on December 9, 1957, as the result of a fall while attempting to descend a stairway
connecting the first and second floors of the defendant's building. It is alleged the handrail was in disrepair and gave way,
causing the plaintiff to fall. The building is a two-story apartment building containing three apartments on the first floor,
two of which had separate entrances. The second floor contained two apartments, one in the rear occupied by Mercedes Leanna
and her small son and the other in the front occupied by a brother of Mercedes Leanna. The front entrance of the building
served the second floor and one apartment on the first floor. From the entranceway, the stairway led to the second floor. After an answer was served, the complaint was amended to allege violations of the safe-place statute and specific safety
rules of the building code of the industrial commission. The amended answer denied the allegations and alleged the plaintiff's
negligence as an affirmative defense. Defendant moved for summary judgment upon affidavits and parts of adverse examinations
taken of the plaintiff. Counteraffidavits were submitted by the plaintiff. While the motion for summary judgment was pending,
the plaintiff moved for permission to file a second amended complaint setting forth in the alternative allegations of the
defendant's common-law negligence. This motion to amend was denied, partly on the ground that alleging defendant's common-law
negligence stated a new and distinct cause of action which was then barred by the three-year statute of limitations and partly
on the ground the motion should not be granted while the summary judgment motion was pending. Later, the court granted the
motion for summary judgment. Plaintiff appeals.