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Minoletti v. Sabini
Citations: 27 Cal. App. 3d 321; 103 Cal. Rptr. 528; 1972 Cal. App. LEXIS 850Docket: Civ. 28716
Court: California Court of Appeal; August 18, 1972; California; State Appellate Court
Caterina Minoletti, the plaintiff, suffered an injury to her finger when a double-hung kitchen window in her apartment, which was previously reported to her landlord Leo R. Sabini for repair, came down unexpectedly. The landlord's son had attempted repairs about a month prior but only fixed one window and did not inform Minoletti of the ongoing dangerous condition of the other window. On the day of the incident, Minoletti opened the bottom part of the window, leading to the top part falling and causing her injury. The trial court granted a nonsuit in favor of the defendant at the close of the plaintiff's case. Minoletti contends that landlords have a duty to exercise ordinary care in repairs, citing Callahan v. Loughran, which supports the notion that once a landlord undertakes repairs, they are obligated to perform them with due care. The defendant references Sherrard v. Lidyoff, arguing that mere failure to repair does not constitute tort liability. However, Callahan clarifies that regardless of the initial repair obligation, the landlord must act with ordinary care once repairs are undertaken. Additionally, Civil Code sections 1942 and 1714 impose a duty of care on landlords to prevent injuries resulting from their conduct. The case underscores the principle that without specific statutory exceptions, landlords must adhere to the standard of ordinary care to avoid liability for injuries caused by their negligence in repairs. A departure from the fundamental principle of liability requires balancing several factors: foreseeability of harm to the plaintiff, certainty of injury, connection between the defendant's conduct and the injury, moral blame, policy considerations to prevent future harm, the burden on the defendant, community consequences, and insurance availability. Exceptions to the principle articulated in section 1714 of the Civil Code should only be made when clearly supported by public policy. In this case, no grounds exist to deviate from section 1714. A nonsuit may only be granted when, after disregarding conflicting evidence and valuing the plaintiff's evidence, there is no substantial evidence to support a verdict for the plaintiff. The court found that a jury could question whether Mr. Sabini was negligent in failing to repair or safeguard a dangerous window condition, especially since there was no evidence he warned Mrs. Minoletti about the danger. The record does not establish contributory negligence or assumption of risk by Mrs. Minoletti, as she may not have known of the specific danger. Opening the window previously without incident does not imply lack of prudence. Sufficient evidence existed to avoid a nonsuit and allow the jury to determine the facts. The judgment was reversed.