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No claim against landlord in death of "presumed" trespasser

In Perry v. Crystal Lake Finance, a default judgment for wrongful death against a City landlord was set aside and the case was dismissed, where the family of the decedent could not prove that she was on the landlord's property with permission.  The woman died when she jumped from an upper story window to avoid a fire in the apartment complex.  The owner of the apartment from which she jumped testified that the decedent did not have permission to be in her apartment and therefore the Court presumed she was a trespasser and ruled that the landlord owed her no duty.  This seems like an unlikely story and that there is more to this story than a superficial presumption of trespassing status.

Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
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