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Torts keyed to Best
Borders v. Roseberry
Citation:
532 P.2d 1366 (Kan. 1975)Facts
Agnes Roseberry owned a home that she agreed to lease out to a tenant named Reinecker. Before Reinecker moved in, Roseberry had work performed on the roof of the home. As part of this work, contractors removed the gutters from the front area of the roof, and the gutters were not replaced. Even after Reinecker moved in, Roseberry was aware of the issue. Additionally, Reinecker notified Roseberry that rainwater from the roof would drip onto the front areas of the home.
On a cold January day, Reinecker invited Gary Borders to his home. While leaving the home, Borders slipped and fell on ice that had accumulated on the front stairs of the home. Borders sued Roseberry, claiming that she owed a duty to fix the problem of the accumulating rain and ice on the front stairs of the home. The trial court found for Roseberry, and Borders appealed.
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