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Landlord/Tenant – Commercial Lease – Tort/Negligence – Trip & Fall – Hole in Floor – Indemnity & Contribution Crossclaims
By: Teresa Bruno, Opinions Editor//June 16, 2017
Landlord/Tenant – Commercial Lease – Tort/Negligence – Trip & Fall – Hole in Floor – Indemnity & Contribution Crossclaims
By: Teresa Bruno, Opinions Editor//June 16, 2017
McAvoy v. Dolgencorp, LLC (Lawyers Weekly No. 002-156-17, 5 pp.) (Richard Mark Gergel, J.) 9:17-cv-00754; D.S.C.
Holding: A landlord ordinarily has no duty to maintain premises that are under the control of a tenant, but here the defendant-tenant and the defendant-landlord agreed that the landlord would maintain structural aspects of the premises, including structural floors. Since plaintiff alleges that he was injured when he stepped into a hole in the floor of a store aisle, it is plausible that the landlord’s failure to maintain the structural floors caused plaintiff’s alleged injury.
The court denies the landlord’s motion to dismiss the tenant’s crossclaims for indemnification and contribution.
Business Law
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- Business Court judges trawl for customers
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- Contract – Government Contract – Qui Tam – False Claims Act
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Textile firm, railroad settle Graniteville train wreck lawsuit
- State regulators look at car dealer accused of lying to customers
- Subprime mortgage meltdown hits securities law
Commentary
- Virginia Tech student got due process in hearing
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
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