Summary Judgment Dismissal of Premises Liability
Shareholder Kimberly Reppart recently won two summary judgment motions resulting in complete dismissal of a premises liability suit asserted against two multi-national retailers. The plaintiff sustained a significant traumatic brain injury when she was hit by a car in a shopping center parking lot.
Plaintiff sued the driver as well as the owner of the shopping plaza and several current and former retail tenants. The court agreed that the retail tenants owed no duty with respect to the design of the parking lot, which the plaintiff claimed contributed to the accident. The dismissal avoids expansion of commercial tenant tort duties with respect to common area parking lots.