Iowa District Court Grants Dismissal as a Matter of Law on “No Duty” Grounds

The Zenor Kuehner firm successfully defended a local business by obtaining a dismissal prior to trial.

The case involved a claim of injuries following a winter fall on a sidewalk in a common area of a strip mall. Plaintiff brought suit against Defendant and Defendant’s landlord alleging a theory of premises liability. 

The Zenor Kuehner firm moved for summary judgment on the basis that the common areas were controlled by the landlord, Plaintiff’s fall occurred in the common areas, and Defendant owed no duty off its premises.

The Court ultimately determined that under the negligence “duty” doctrine, Defendant (as a tenant businessowner) did not owe a duty to third parties located in areas beyond its control. Defendant neither created the risk nor controlled the premises on which the injury allegedly occurred. The Court relied on the language of the Restatement (Third) of Torts, noting that to be a land possessor one must have occupation and control. Defendant had neither in the case at issue, and the Court summarily dismissed the Defendant.

No appeal was taken.

Adamovicz v. Dynamic Restaurant Franchising Inc. et al., Polk County Case No. LACL145566 (February 28, 2022).