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Elderly man who falls in parking lot cannot sue landlord

The Court of Appeals upheld the dismissal of Charles Smillie's injury claim, when he could not confirm what caused his fall in his apartment parking lot.  Smillie suffered a mild head injury and had no recollection of the actual fall.  He offered the presumption that he did not fall "for no reason" and his belief that he fell in one of numerous potholes visible in photographs of the lot.  The trial court had concluded that Charles' presumption, without a specific memory or any witnesses or other evidence, was not a "scientific presumption" as he testified, and therefore there was no factual basis to support his claim that a defect caused his fall.  The Court of Appeals unanimously agreed.

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