JEFFREY N. LEMEN, APPELLANT,
v.
THUNDERBAY MANAGEMENT, INC., D/B/A KILLIAN'S LOUNGE, A FLORIDA CORPORATION; KENNETH M. SOHL, AN INDIVIDUAL, AND THOMAS E. SKORNSCHEK, AN INDIVIDUAL, APPELLEES
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The court reversed summary judgment against a property owner for injuries sustained on leased premises, holding that disputed material facts regarding exclusive possession and control of the area precluded summary judgment.
A property owner cannot obtain summary judgment on a premises liability claim based solely on the assertion that tenants had exclusive possession, custody, and control of the area where the injury occurred without conclusive proof of that fact.
[1] A property owner asserting that tenants had exclusive possession, custody, and control of the premises must conclusively prove this fact to obtain summary judgment in a p…
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Join FLexlaw to unlock all legal intelligenceLemen was attacked by third parties while on property owned by Skornschek. Skornschek moved for summary judgment arguing the attack occurred on a leas…
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SALCINES, Judge.
Jeffrey N. Lemen appeals a partial final summary judgment which entirely disposed of his claim against one party, Thomas E. Skornschek. Because' there were disputed issues of material facts precluding summary judgment, we reverse.
Mr. Lemen sued Mr. Skornschek, the owner of certain real property, to recover for injuries Lemen sustained when he was attacked by third parties while on Skorn-schek’s property. Mr. Skornschek filed a motion for summary judgment asserting, in part, that the attack occurred on a leased portion of his property over which he had no control. The trial court granted the summary judgment finding that there was no record evidence that anyone other than the tenants had exclusive possession, custody and control of the area where the. alleged attack occurred. This finding was incorrect as applied to the facts of this case and was a misstatement of the law. In order to grant a summary judgment, the trial court was required to determine that the owner had conclusively proven that the tenants had exclusive possession, custody and control of the area. See Valk v. J.E.M. Distribs. of Tampa Bay, Inc., 700 So. 2d 416, 419 (Fla. 2d DCA 1997); Wal-Mart Stores, Inc. v. McDonald, 676 So. 2d 12, 15 (Fla. 1st DCA 1996).
Reversed and remanded for further proceedings.
FULMER, A.C.J., and NORTHCUTT, J., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Wal-Mart Stores, Inc. v. McDONALD, 676 So. 2d 12 (Fla. 1st DCA 1996)
- Inversiones Armadeni, S.A. v. Tejedo, 700 So. 2d 416 (Fla. 3d DCA 1997)
- Valk v. J.E.M. Distribs. OF Tampa BAY, Inc., 700 So. 2d 416 (Fla. 2d DCA 1997)