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Ortega v. Flaim
Citation:
902 P.2d 199 (1995)Facts
In 1981, Guido Flaim purchased seven homes, sight unseen, including a residential property at 324 “O” Street in Rock Springs, Wyoming. This property was orally leased to Dan and Becky Stroud for $200 per month. The oral lease was a basic agreement with no discussions regarding repairs, warranties of habitability, or landlord’s right to reenter. The tenants received exclusive possession and control of the premises. On July 17, 1992, Jacqueline Ortega was visiting the tenants as a social guest. In the early morning hours of July 18, Ortega left the kitchen stating she was going to the bathroom. Moments later, others heard a crash and found Ortega injured at the bottom of the staircase. There was a factual dispute about whether the tenants had previously complained to the landlord that the stair system was dangerous due to its steepness, narrow treads, and lack of a handrail, but the court noted that such complaints would only indicate the defects were patent rather than latent.
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