Adele Shtern v Monica Cummings

Adele Shtern v Monica Cummings

The respondent, despite being owner of the land and refrigerator, lacked operational control of the hotel and its equipment; therefore, she owed no relevant duty of care to the appellant as an occupier under the Occupiers' Liability Act.

Parties
Appellant: Adele Shtern; Respondent: Monica Cummings
Jurisdiction
England and Wales
Judgment Date
10 June 2014
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Occupiers' Liability, Negligence, Duty of Care, Personal Injury
Tort Law Occupiers' Liability Negligence Duty of Care Personal Injury

Case Brief

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Parties

Adele Shtern

Appellant

Monica Cummings

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the respondent owed a duty of care to the appellant as an occupier under the Occupiers' Liability Act
  2. 2 Whether the pleadings admitted the respondent's status as occupier
  3. 3 Whether the respondent was operationally responsible for the hotel and the refrigerator

Ratio Decidendi

The respondent, despite being owner of the land and refrigerator, lacked operational control of the hotel and its equipment; therefore, she owed no relevant duty of care to the appellant as an occupier under the Occupiers' Liability Act.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The Board will humbly advise Her Majesty accordingly.