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ARTICLE ID 185918

Landlord/Tenant – Failure to repair leak in ceiling – Ceiling collapse – Falling sheetrock hits the plaintiff in the head – Cervical Facet Syndrome – Chronic cervical strain.

Unknown County, MA

In this landlord and tenant matter, the plaintiff alleged that the defendant landlord failed to take any action to repair a leaking ceiling, despite repeated notification from the plaintiff and the sheetrock collapsed on the plaintiff’s head causing him to suffer a neck injury. He was diagnosed with chronic cervical sprain and cervical facet injury. The defendant denied that the ceiling collapsed and maintained that the plaintiff was fabricating the claim.

The male plaintiff was a tenant at the defendant’s property. The plaintiff alleged that the defendant landlord had been repeatedly made aware of a leak in the plaintiff’s bathroom ceiling and failed to take any action to correct the leak and repair the ceiling. The plaintiff alleged that on the date of the incident, a portion of the sheetrock on the ceiling collapsed, hitting the plaintiff on the head.

As a result of the injury, he suffered neck pain and was diagnosed with chronic cervical sprain and cervical facet syndrome. The plaintiff maintained that he had brought this to the defendant’s attention for at least six months prior to the incident. The plaintiff alleged medical specials of $________.

The defendant vehemently denied that there was any leak, any ceiling collapse and maintained that the plaintiff fabricated both the incident and his resulting injury. The defendant’s maintenance man testified that he and the landlord were notified on the date of the incident that the ceiling was leaking and did a visual inspection which disclosed a small bubble on the ceiling, the size of a golf ball. The landlord denied that the tenant ever notified her that the ceiling collapsed on him prior to the litigation. The defendant further maintained that the plaintiff’s medical condition was degenerative in nature and was not caused as a result of any ceiling collapse if in fact, one occurred.The matter was tried. At the conclusion of the trial, the jury returned a verdict in favor of the defendant. While the jury found that the defendant was negligent in failing to maintain the premises, the jury did not find that the defendant’s negligence was the cause of the plaintiff’s alleged injuries.

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