McCutcheon v. United Homes Corp.

Norma McCutcheon and Douglas Fuller (plaintiffs) were tenants of United Homes Corporation (landlord) (defendant) who were each injured in the apartment building's common areas and sued alleging the landlord's negligent maintenance caused their injuries. Both had signed leases containing an exculpatory clause releasing the landlord from all liability for injuries on the premises. The trial court granted the landlord summary judgment based on that clause, and the tenants appealed.