Kevin Gray and Kate Fossey receive a favorable decision from the Minnesota Court of Appeals

Congratulations to Kevin Gray and Kate Fossey on their win last week at the Minnesota Court of Appeals. The case involved a slip and fall inside of a storage unit in Alexandria rented by a medical transportation company. Plaintiff claimed that she suffered a traumatic brain injury when the garage door unexpectedly came down while she was inside the unit, causing her to trip and fall on a piece of equipment. After receiving a worker’s compensation settlement from her employer, she then sued the owner of the storage facility and the storage facility for negligent maintenance and inspection of the garage door. Mr. Gray and Ms. Fossey successfully argued that the lessor of the unit did not have a duty to the Plaintiff under the terms its lease with the lessee, and did not have a duty to periodically maintain or inspect the inside of a storage unit in the exclusive control of the lessee. They also argued that even if the storage facility did have a duty to repair a defective door, the Plaintiff and her employer had not provided any notice to the lessor of the alleged defective condition. The Douglas County court agreed and granted summary judgment in the lessor’s favor. Summary judgment was upheld on appeal by the Minnesota Court of Appeals.