Attorneys Kevin Gray and Katherine Fossey Win Summary Judgment in Landlord Liability Case

Summary judgment was granted in favor of a storage unit company and its owners on March 12, 2015. The female Plaintiff was an employee of a medical transportation company. The medical transportation company rented a storage unit as a local base to store its equipment. When the Plaintiff went to return a set of sheets to the storage unit one day, she claimed that she fell and was injured when the garage door suddenly rolled back down while she was inside the storage unit, leaving her in the pitch black dark storage unit. After settling her worker's compensation claim, Plaintiff then sued the storage unit company and its owner. Plaintiff claimed that the Defendants had a duty to inspect and maintain the garage door. Defendants argued that the lessee medical transportation company stepped into the shoes of the Defendants as to any liability. The court found that the storage unit and its owner had no duty of care to Plaintiff as they had not contractually agreed to maintain the premises, had not undertaken a repair that was done so negligently, did not retain control of the premises, and were not aware of a hidden danger that the tenant was not aware of. The court further found that Plaintiff was aware of the hidden danger while Defendants were not. The court rejected Plaintiff's argument that because the Defendants knew that storage unit door springs would sometimes require adjustment that they knew of the possibility of the hidden hazard. The court also found that the injury was unforeseeable to the Defendants, and found that neither actual nor constructive knowledge exceptions applied.