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NEW HAVERFORD PARTNERSHIP v. STROOT

No. 549, 1999.

772 A.2d 792 (2001)

NEW HAVERFORD PARTNERSHIP, a Delaware general partnership, Richard F. Deery, Edward L. Davidson, Jr., and Mid-Atlantic Realty Company, Inc., a Delaware Corporation, Defendants Below, Appellants, v. Elizabeth STROOT and Joletta Watson, Plaintiffs Below, Appellees.

Supreme Court of Delaware.

Decided: May 7, 2001.

Revised: May 8, 2001.

Reargument Denied: May 29, 2001.

Attorney(s) appearing for the Case

James F. Kipp, Esquire (argued) and William Doerler, Esquire (argued) of Trzuskowski, Kipp, Kelleher & Pearce, P.A., Wilmington, Delaware, for Appellants.

Robert J. Katzenstein, Esquire, Michele C. Gott, Esquire, Kathleen M. Miller, Esquire (argued), Joelle E. Polesky, Esquire, of Smith, Katzenstein & Furlow LLP, Wilmington, Delaware; Of Counsel: Guy Keith Vann, Esquire of New York, New York, for Appellees.

Before HOLLAND, BERGER and STEELE, Justices.

BERGER, Justice.

In this appeal we consider whether a landlord may be held liable for injuries suffered by its tenants because of the unsanitary condition of its apartments. Landlord1 argues that it owes no common law duty to maintain the apartments and, under the Landlord Tenant Code2, a tenant may not recover damages for personal injuries without establishing negligence...

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