Case Caption: Laverne P. White, (Appellant/Plaintiff) v Spenceley Realty, LLC, (Appellee/Defendant.)Case Number: S. Ct. Civ. No. 2008-0065Date: 07/29/2010Author: Brady, Julio A.Citation: Summary:

The Supreme Court, after explaining the relationship between sections 355, 357, 360, and 361 of the Restatement (Second) of Torts, holds that section 357-and not sections 360 and 361-is applicable when a lessor leases an entire building to a lessee. The Court further holds that, at the summary judgment stage, a court cannot use extrinsic evidence to disregard the plain text of a contract unless the extrinsic evidence is undisputed. Finally, the Court holds that, because section 357 subjects a lessor to liability only if the lessor does not exercise reasonable care after receiving notice of the need for repairs, summary judgment was warranted in this case due to the absence of any admissible evidence that, if viewed in the light most favorable to the plaintiff, would have allowed a trier of fact to find that the lessor knew that the lessee intended for it to make repairs.

Attachment: Open Document or Opinion