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Lommori v. Milner Hotels, Inc.

Citations: 319 P.2d 949; 63 N.M. 342Docket: 6230

Court: New Mexico Supreme Court; October 22, 1957; New Mexico; State Supreme Court

Narrative Opinion Summary

This case involves a dispute between a hotel lessee and lessors over liability for damages caused by a falling pane of glass. Lawrence Sanchez sued for personal injuries, claiming damages from both parties. The lessee and lessors cross-claimed against each other based on lease covenants regarding maintenance responsibilities. The trial court directed a verdict for the lessee, holding the lessors liable under the lease's repair covenant, which included exterior elements like windows. The lessors argued the covenant was ambiguous and that the lessee might have assumed control over repairs. The appellate court found that genuine factual issues existed, particularly regarding control over exterior maintenance, which required jury determination. It emphasized that landlords could be held liable for negligent breaches of repair covenants that pose risks to the public. Additionally, ambiguities in the lease's insurance requirements were interpreted against the lessee, suggesting joint coverage obligations. The case was reversed for a new trial to resolve these issues, with the costs of the appeal charged to the lessee.

Legal Issues Addressed

Directed Verdict Standards

Application: The directed verdict was overturned because there were genuine issues of fact regarding control over the repairs that should have been determined by a jury.

Reasoning: The directed verdict rule requires that a case may only be removed from the jury if there are no genuine issues of fact for resolution, as established in Sanchez v. Gomez.

Insurance Covenant Interpretation

Application: Ambiguities in the insurance covenant were interpreted against the lessee, suggesting mutual protection for both lessors and lessee against liability claims.

Reasoning: The insurance covenant is ambiguous regarding whether it benefits only the lessee or both the lessee and lessors against liability claims from third parties.

Lease Covenant and Exterior Repairs

Application: The court held that the lessors were responsible for maintaining the exterior, including windows, under the lease's repair covenant.

Reasoning: The court concluded, as a matter of law, that the lessors were liable under the lease's repair covenant, which deemed windows part of the building's exterior.

Liability of Landlords for Exterior Maintenance

Application: Landlords may be liable for injuries resulting from their failure to repair exterior defects when they have covenanted to maintain the property.

Reasoning: Traditionally, tenants have been deemed liable due to their possession of the premises. However, recent trends favor holding landlords accountable for negligent breaches of repair covenants...