DIVISION II
ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
JUDGE DAVID M. GLOVER
CA06-127
November 15, 2006
RACHEL TENNELL
AN APPEAL FROM SEBASTIAN COUNTY
APPELLANT
CIRCUIT COURT
[No. CV-04-1330]
v.
HONORABLE J. MICHAEL FITZHUGH,
MIDTOWN APARTMENTS
CIRCUIT JUDGE
LIMITED PARTNERSHIP
APPELLEE
REVERSED and REMANDED
The Sebastian County Circuit Court granted summary judgment to appellee Midtown
Apartments Limited Partnership (Midtown) on appellant Rachel Tennell’s claim for personal
injuries allegedly caused by her tripping on a steel plate on Midtown’s parking lot. On
appeal, Tennell contends that the trial court erred in granting summary judgment because
Midtown assumed a duty to make repairs and that Arkansas should abandon the doctrine of
caveat lessee. We reverse and remand the trial court’s grant of summary judgment.
Tennell entered into a lease agreement for an apartment with Midtown on March 24,
1997. Midtown was subsidized and funded by the Department of Housing and Urban
Development (HUD) and specifically catered to elderly and handicapped tenants. On
August 13, 2002, Tennell was waiting under the breezeway for a ride from her daughter. She
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saw a vehicle resembling her daughter’s car and started walking across the parking lot.
There was a large steel plate, approximately six to eight inches in diameter that was
approximately two inches high protruding from the driveway. Tennell fell and was taken to
a hospital where she was treated for her injuries.
On October 11, 2004, Tennell filed suit, alleging that she fell over the steel plate and
that Midtown was negligent in maintaining the premises. One of the specific allegations of
negligence was that Midtown attempted to make alterations or repairs to a post or pole but
did not completely remove all of the post and that the plate covered this area. Midtown
denied the material allegations of the complaint.
On August 5, 2005, Midtown filed a motion for summary judgment, argu