Moore v. Deli Days, LLC d/b/a Arena’s At The Airport & Sussex County, Delaware d/b/a Delaware Coastal Airport, No. CV N18C-09-044 SKR, 2020 WL 2843678, at *1 (Del.Super.Ct. May 29, 2020), superseded (diffr’nt grounds), No. CV N18C-09-044 SKR, 2020 WL 289

Court grants summary judgment to defendant where the location of plaintiff’s fall was clearly defined in a lease agreement as a common area, outside of defendant’s leased premises.

The plaintiff allegedly fell in the women’s restroom at the Sussex County Airport. She sued the defendant, Deli Days, alleging it had a duty to reasonably maintain the restroom and that it breached the duty by not cleaning up the spilled liquid. The court reiterated that, without a duty of care owed, the plaintiff’s negligence claim would fail. The defendant entered into a lease agreement with the Airport to operate a restaurant there. The agreement defined the restroom as part of the “common areas,” outside of the defendant’s leased “premises.” Therefore, the court granted Deli Days’ motion for summary judgment, finding that the plain language of the lease agreement left the defendant with no duty to maintain the restroom.

 

 

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