Utah Supreme Court January 6, 1981, No. 16730 (Cooke v. Mortensen)

MAUGHAN, Chief Justice:

Plaintiff, a tenant in an apartment owned by defendants, brought this action to recover for personal injuries sustained when he endeavored to open a window which had been painted shut and upon doing so fell through the window, thereby causing the injury. Specifically, plaintiff entered into a written lease agreement with defendants in August of 1976.