COOKE v. MORTENSEN

No. 16730.

624 P.2d 675 (1981)

Stephen T. COOKE, Plaintiff and Appellant, v. Robert J. MORTENSEN and Luana J. Mortensen, Defendants and Respondents.

Supreme Court of Utah.

January 6, 1981.


Attorney(s) appearing for the Case

Tena M. Campbell, Fabian & Clendenin, Salt Lake City, for plaintiff and appellant.

Raymond M. Berry, Snow, Christensen & Martineau, Salt Lake City, for defendants and respondents.


MAUGHAN, Chief Justice:

Plaintiff, a tenant in an apartment owned by defendants, brought this action to recover for personal injuries sustained when he endeavored to open a window which had been painted shut and upon doing so fell through the window, thereby causing the injury. Specifically, plaintiff entered into a written lease agreement with defendants in August of 1976. The apartment had been recently remodeled and during the remodeling the windows had apparently...

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