Judge I. Leo Glasser
Evangelisti did not make mortgage payments on her home after June 2005. RMS Residential properties bought the property in 2008. RMS retained Brighton Real Estate Services LLC to manage the property. Brighton retained Island Advantage Realty LLC to sell the property. After deeming the property occupied—and that the occupants refused to speak with anyone—Island Advantage monitored the property's exterior but was unable to inspect its interior. RMS later discovered the property occupied by Evangelisti and others. Despite several eviction notices after August 2008, Evangelisti did not leave the property until late 2011 or early 2012. The property was sold on March 15, 2012. Evangelisti's visitor Smith was hurt on Aug. 5, 2011, when a light fixture near a leaking ceiling, fell. In Smith's lawsuit, district court granted RMS summary judgment that as an out-of-possession owner, it had no duty to maintain or repair the subject property and thus could not be held liable for Smith's injuries. RMS was not in possession or control of the property on Aug. 5, 2011, nor was there record evidence of any contractual relationship with Evangelisti. Because it lacked access to the house, RMS lacked actual or constructive notice of the water damage.
