Partner Halley B. Thiel-Djawad and attorney Elizabeth Macayan secured a favorable ruling based on the lease agreement’s allocation of control over the premises.
Zelms Erlich Lenkov LLP secured summary judgment for a mall ownership entity in a premises liability action arising from an alleged slip and fall inside a tenant’s store.
Attorney Elizabeth Macayan prepared the successful motion, and Partner Halley B. Thiel-Djawad argued it. The defense focused on the lease agreement and the distinction between the mall’s responsibilities and the individual store’s control over its interior.
Establishing Who Controlled the Area
The plaintiff alleged a slip and fall inside a store within the shopping mall. The lease agreement provided that the individual store, rather than the mall, controlled the store’s interior.
That allocation of control formed the basis of ZEL’s successful motion. By focusing on the contractual responsibilities for the area where the incident allegedly occurred, the team presented the grounds for resolving the claim against the mall ownership entity through summary judgment.
Preparation and Advocacy Behind the Result
Macayan’s preparation of the motion and Thiel-Djawad’s oral advocacy brought the lease provisions to the forefront of the defense. The court granted summary judgment for ZEL’s client.
The result illustrates the importance of closely examining lease agreements and control of the premises when defending claims involving an incident inside a tenant’s space.
Congratulations to Halley and Elizabeth on achieving this successful result for our client.
