Where a grocery store lessee was not responsible for maintaining its parking lot under its lease, but it had repeatedly exercised control over the parking lot area where plaintiff fell, the Court of Appeals found that it had “assumed a duty to maintain the parking lot[.]”
In Jones v. Earth Fare, Inc., No. E2019-00450-COA-R3-CV (Tenn. Ct. App. April 15, 2020), plaintiff slipped and fell in a puddle of antifreeze in defendant grocery store’s parking lot. Another customer had previously fallen in the same puddle and informed the manager on duty, who came out to see the puddle. The manager then went back inside the store to get cat litter to put on the puddle, but she stopped to help another employee. During this time, plaintiff exited the store and slipped in the large puddle of antifreeze.
Plaintiff filed this premises liability case against several defendants, including defendant grocery store. The grocery store filed a motion for summary judgment, asserting that “it had no legal or contractual duty to maintain the area where [plaintiff] fell” and that parking lot maintenance was the responsibility of its landlord. The trial court granted the motion for summary judgment, but the Court of Appeals reversed.