Dabush v. Seacret Direct LLCAnnotate this Case
The Supreme Court affirmed the order of the trial court granting summary judgment for Defendants in this premises liability case, holding that the trial court did not err.
Plaintiff was injured when he fell though a skylight on the roof of a commercial building. Plaintiff brought this action against Seacret Direct, LLC (Direct) and Prizma Capital, LLC (Prizma), who sublet portions of the building at the time of the accident, asserting that Defendants were possessors of the roof and therefore owed him a duty to maintain the roof in a safe condition. The trial court granted summary judgment for Defendants. The Supreme Court affirmed, holding (1) Defendants did not have a right to control the roof under their subleases, did not exercise actual control over the roof, and were not possessors, and therefore, Defendants owed no duty to Plaintiff; (2) Prizma did not become a possessor by making repairs to the roof; and (3) Defendants did not assume a duty to protect Plaintiff from the risk of falling through the skylight.