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Segal McCambridge Shareholders Mitchell Morinec and Lee Hurwitz secured a summary judgment victory in a negligence case brought against our client, the Defendant. In the case, the Plaintiff alleged that obstructions in the handicap ramp area outside the Defendant's store caused a fall and sought to hold the Defendant liable for failure to maintain safe premises.
The court found in favor of the Defendant, concluding that the incident occurred in a common area outside the store, which was maintained under the landlord's exclusive control as stipulated in the lease agreement. The lease explicitly placed responsibility for the upkeep of common areas, such as walkways and sidewalks, on the landlord. Consequently, the Defendant had no duty of care in the area where the incident occurred. Based on this reasoning, the court granted summary judgment without addressing the Defendant's secondary argument that the condition was open and obvious.
This decision underscores the critical role of lease agreements in determining liability and successfully establishes that the Defendant was not accountable for conditions outside its control.
