Kala Investments, Inc. v. Sklar

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that the policy behind equitable subrogation is to prevent unjust enrichment
• finding issue of constructive knowledge usually question of fact for jury, therefore, resolution by summary judgment unsuitable
• describing latent defect as one which is \not apparent by use of one's ordinary senses from a casual observation of the premises or `hidden from the knowledge as well as from the sight and . . . not [discoverable] by the exercise of reasonable care[.]'\
• genuine issue of material fact as to whether low window without a guardrail was an obvious defect
• test for patency is not whether the object itself was obvious, \but whether the defective nature of the object was obvious\
• “[T]he test for patency, in not whether the object itself ... was obvious ..., but whether the defective nature of the object was obvious ... with the exercise of reasonable care.” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).