Kalus Bros. & Co. v. Muse

Per Curiam. Judge Cullen, sitting without a jury in the Superior Court of Baltimore City, found “by a fair preponderance of the evidence” that the appellee, Agnes Muse, a plaintiff before him, was injured by reason of a defect in a tile floor which caused her to fall in an office on St. Paul Street leased by the Social Security Administration, and he awarded damages to Mrs. Muse and her husband. The appellant, Kalus Bros. & Co., Inc., the owner of the building in which the office was, assumed responsibility in the lease for the maintenance of the leased premises and agreed to make all necessary repairs and improvements. The sole questions presented to us by the appellant are whether there was sufficient evidence that it was negligent and, if there was, whether that negligence was the proximate cause of the harm suffered by the appellee, Agnes Muse.

Kalus was notified on Monday, January 4, 1965, of defects in the tile floor in the Social Security office. An officer of Kalus inspected the floor that evening. Another complaining call went from .Social Security to Kalus on Tuesday or Wednesday. On Thursday morning Mr. Kalus, accompanied by workmen and materials, including replacement tiles, appeared at the office ready to do “quite a bit of work which had to be done,” but then decided after talking with Social Security officials that the repairs would seriously disrupt the necessary routine and work of the office, and agreed to return and perform the work in the evening after the close of business.

This he did. About 9 :30 Thursday morning Mrs. Muse, who was sixty-seven years of age — she was categorized by appellant’s counsel, who must have