Woman cannot sue after fall in apartment complex parking lot
Carla Counterman sued her landowner, arguing that its failure to adequately maintain the apartment complex parking lot caused her fall on ice. Her attorneys argued that the apartment complex owners violated a statutory duty to maintain the lot in a condition "fit for the use intended by the parties." The Court agreed with a prior panel of the Court of Appeals which held that "a landlord could have a duty with regard to ice and snow, but...it would be triggered only under much more exigent circumstancews than those obtaining in this case."
The Court upheld the dismissal of the Counterman case. It held that since the family members who came to "rescue" Carla were able to park in the lot and transit between their cars and the apartment, the lot was "resaonably fit for its intended purpose."