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Lisa Priestas v. Kia Properties, LLC

Tenn. Ct. App.December 18, 2019No. W2019-00728-COA-R3-CV
Defendant WinKia Properties, LLC
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Case Details

Judge(s)
Judge Kenny Armstrong
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
summary judgment affirmed

Related Laws

No specific laws identified for this ruling.

Outcome

Trial court granted summary judgment for the owner/landlord and lessee of a convenience store in a premises liability case. Appellate court affirmed, finding no duty of care was breached and landlord had general non-liability for third-party harm on leased premises.

Excerpt

In this premises liability case, Mr. Priestas, an independent contractor, filed suit against Appellees, the owner/landlord and lessee of a convenience store, seeking damages for injuries he sustained during an attempted robbery at the store. The trial court granted Appellees' motion for summary judgment, finding that: (1) the lessee did not breach its duty because: (a) Mr. Priestas was an independent contractor (b) he was aware of the danger at the store and (c) he was warned that the store had been robbed on several occasions and (2) the owner/landlord was not liable because of the general rule of non-liability of a landlord for harm caused to a third party on leased premises. Discerning no error, we affirm.

What This Ruling Means

**What Happened:** Lisa Priestas sued Kia Properties after her husband, an independent contractor working at a convenience store, was injured during an armed robbery. She claimed the property owner and store operator should be held responsible for his injuries because they didn't provide adequate security or warn him about the dangerous conditions at the store. **What the Court Decided:** Both the trial court and appeals court ruled against Priestas. The courts found that the property owner and store operator were not legally responsible for the contractor's injuries. The judges determined that since he was an independent contractor (not an employee), he was aware of the store's safety risks, and he had been warned about previous incidents at the location, the defendants didn't breach their duty of care to him. **Why This Matters for Workers:** This case highlights an important distinction between employees and independent contractors regarding workplace safety protections. Independent contractors typically have fewer legal protections when injured on someone else's property compared to regular employees. The ruling suggests that if contractors are aware of workplace dangers and have been warned about them, property owners may not be held liable for injuries caused by third parties like criminals. Workers should carefully consider safety risks when accepting contractor positions.

This summary was generated to explain the ruling in plain English and is not legal advice.

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