Miller v. David Grace, Inc.

Lora Ann Miller (plaintiff) leased a second-floor apartment with a balcony from First Choice Management (defendant), and after noticing the balcony railing was loose and missing a screw, notified First Choice, which never made repairs; the railing was actually missing additional screws and was not properly secured. First Choice had separately hired David Grace, Inc. (defendant) to rebuild all balconies to code but never told Grace about Miller's specific complaint. After leaning on the railing, Miller fell and was injured, and she sued both First Choice and Grace for negligent maintenance and construction; the trial court held First Choice immune from liability for injuries on leased premises and granted both defendants summary judgment, though the court of appeals reversed as to Grace due to disputed facts.