LOVE v. SCHMIDT

Record No. 890413.

389 S.E.2d 707 (1990)

Martha J. LOVE v. E.F. SCHMIDT, Jr.

Supreme Court of Virginia.

March 2, 1990.


Attorney(s) appearing for the Case

William H. Shewmake (J. Thomas McGrath, Malcolm P. McConnell, III, Coates & Davenport, Richmond, on briefs), for appellant.

Albert M. Orgain, IV (Robert B. Delano, Jr., Wm. Tyler Shands, Sands, Anderson, Marks & Miller, Richmond, on brief), for appellee.

Present: All the Justices.


WHITING, Justice.

There are two issues in this case: (1) whether a plaintiff, who fell to the floor and was injured after sitting on a properly positioned toilet seat she knew was loose, was guilty of contributory negligence as a matter of law, and (2) whether a landlord is liable for an independent contractor's negligence in failing to perform the landlord's common-law duty to maintain the common areas of an office building in a reasonably safe condition.

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