Facts and Background

• Facts and Background:

  Plaintiff, age 87, was living in defendant's retirement community. She fell in a puddle of water in her laundry room caused by a backed-up drain. The fall caused a broken right femur.

  The laundry room puddling had been a problem for over a year before her fall. The retirement home would snake the drain when they were notified of any back-up.

  Six weeks later, plaintiff fell again within her apartment, breaking her left femur. This was not related to any building maintenance issues.

• Plaintiff's Contentions:

  That snaking the drain was not enough given that the problem came back several times. The repeat problem was indicative of a bigger issue going on with the main plumbing line; specifically that tree roots were growing into the line.

  Plaintiff argued defendant had an obligation to address the underlying root problem.

  There was no way to prove this theory for certain because the building had been demolished before litigation commenced.

• Defendant's Contentions:

  That defendant was not at fault for the backed-up drain, because they had no notice. They claimed that every time the drain backed up, they snaked it.