The plaintiff sued the tenants and the landlord of a residential property after slipping and falling on an allegedly icy porch.
The tenant defendants brought a motion for partial summary judgment to dismiss the plaintiff's claim and the landlord's crossclaim against them, arguing the landlord was solely responsible for snow and ice maintenance under the Residential Tenancies Act.
The plaintiff did not participate in the motion.
The court dismissed the motion, finding it was not an appropriate case for partial summary judgment as the plaintiff's allegations went beyond ice and snow, and the moving parties failed to discharge their evidentiary burden to show there was no genuine issue requiring a trial.
