In a Jefferson County venued action, the plaintiff was the employee of a nursing and rehabilitation facility who allegedly tripped and fell on a curbside defect while walking into work.  Since she could not sue her employer, which had the obligation to maintain the premises, she sued the out-of-possession owner which leased the facility to her employer.

Sheeley LLP obtained summary judgment by establishing that the defendant did not owe the plaintiff a duty of care.  It delegated the obligation to maintain the facility to the tenant, it did not engage in a course of conduct which disturbed the operator’s control over the facility, and the plaintiff failed to allege an injury caused by a structural building or design defect which imposed tort liability on the owner.

The dismissal protected the owner from a substantial lost wages and injury claim.