MGMT 597 – Business Law
CASE 49.1 NEGLIGANCE: NEW HAVERFORD PARTNERSHIP V. STROOT and WATSON
Plaintiff 1 is Elizabeth Stroot, a 33 year old graduate student who has suffered from allergies and asthma since childhood. Stroot was a tenant at Haverford apartments.
Plaintiff 2 is Joletta Watson, friend and roommate of Elizabeth Stroot and a tenant of Haverford apartments from 1990 to 1994.
Defendant is New Haverford Partnership, the owner of Haverford apartments.
In August 1992, Elizabeth Stroot and a roommate, Joletta Watson, moved into an apartment on the third floor of Haverford Place. (Case Law) While living in this apartment with Watson, Stroot immediately discovered mold around the windows and bathroom. Upon this discovery, Stroot attempted to remove the mold with bleach, however, the mold keep returning. In addition to the mold, Stroot also discovered leaks in her bedroom ceiling and in the kitchen and bathroom sinks. About a year later, in September 1993, Stroot’s roommate, Watson, moved out and Stroot moved into a one bedroom apartment in a different building within Haverford Place. After moving in, Stroot discovered that the bathroom ceiling in the new apartment also leaked. After living there for a few months, the leaks had caused holes in the drywall and there was a black substance covering the edges of the holes. Whenever the shower was on in the apartment above Stroot’s, black water ran out of the holes. Stroot informed management and some efforts were made to fix the upstairs shower. No repairs were made in Stroot’s apartment. The landlord stated that “the problem was caused by the upstairs tenants taking “sloppy” showers.” A few months later, on May 6 1994, Stroot called emergency maintenance because the hold in her bathroom ceiling was expanding and had become very large. It was no longer just a leak; she stated it was “raining”. Maintenance came to inspect her apartment and said that they would fix
Citations: Cheeseman, Henry. Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues, 7th Edition. Pearson Learning Solutions. (Pg 772-773). New Haverford Partnerships v. Stroot and Watson, No. 549, 1999. Retrieved from http://courts.state.de.us/