Ruiz v. Wendy's Trucking, LLC
A truck mechanic was catastrophically injured while working under a leased-space tenant's truck in the Garcias' commercial truck parking lot. The Second DCA affirmed summary judgment for the landowners, holding the claims sounded in premises liability (passive negligence) rather than ordinary negligence, that no foreseeable zone of risk arose merely from owning a parking lot where lessees violated a no-mechanical-work rule, and that a landlord's right to enter and instruct lessees is not the control required to impose a duty to a lessee's invitee.
Key facts
- A truck mechanic was catastrophically injured while performing mechanical work under a truck in the Garcias' commercial truck parking lot, which was leased to a trucking company under a lease prohibiting mechanical work on the premises.
- The mechanic sued the Garcias (landowners) for negligence; the trial court granted summary judgment for the defendants.
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Why it matters
A useful defense-side opinion for landlords and commercial property owners: it holds that retained rights of entry and rule-setting are not the 'control' that creates a premises-liability duty for injuries caused by a… — full analysis with a trial
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