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2nd DCASeptember 23, 2022Affirmed⭐ Notable

Ruiz v. Wendy's Trucking, LLC

Case No. 21-0485

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.

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