Tenant Suffered Stroke After Rat Ran Across Her Foot

June 30, 2002

LVT Number: 15924

Tenant sued landlord for negligence. She suffered a stroke after a rat ran across her foot in her apartment. She claimed that the stroke was caused by the incident. She had repeatedly complained to landlord about rat infestation in her apartment. Landlord claimed that the encounter with the rat couldn't have caused the stroke. Landlord submitted the opinion of a doctor who said that the stroke would have been caused by a preexisting medical condition. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord.

Tenant sued landlord for negligence. She suffered a stroke after a rat ran across her foot in her apartment. She claimed that the stroke was caused by the incident. She had repeatedly complained to landlord about rat infestation in her apartment. Landlord claimed that the encounter with the rat couldn't have caused the stroke. Landlord submitted the opinion of a doctor who said that the stroke would have been caused by a preexisting medical condition. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Tenant's doctor said the stroke could have been caused by a spike in tenant's blood pressure caused by the incident with the rat. So there was a factual question that required a trial.

Perez v. Audobon Realty LLC: NYLJ, 6/19/02, p. 20, col. 2 (Sup. Ct. Kings; Rosenberg, J)

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