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MILLER v. DAVID GRACE, INC.

No. 104,313.

212 P.3d 1223 (2009)

2009 OK 49

Lora Ann MILLER, Plaintiff/Appellant, v. DAVID GRACE, INC., David Grace, individually, and First Choice Management, Defendants/Appellees, and Satca, Ltd., Parent Company of River Chase Apartments, and First Choice Properties, Inc., Defendants.

Supreme Court of Oklahoma.

June 30, 2009.

Attorney(s) appearing for the Case

Rex Travis, Paul D. Kouri, Oklahoma City, for Plaintiff.

C. William Threlkeld, C. Todd Ward, Brion B. Hitt, Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, for Defendant/Appellee First Choice Management.

Victor F. Albert, Conner & Winters, LLP, Oklahoma City, for Defendants/Appellees David Grace and David Grace, Inc.

COLBERT, J.

¶ 1 On December 29, 2008, this case was assigned to this office. This is a negligent maintenance and construction action initiated by a tenant against her landlord and a contractor after the tenant fell from her second story balcony due to a defectively installed balcony railing. The district court granted the landlord's and contractor's motions for summary judgment based on the traditional common law rule that holds a landlord harmless for injuries...

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