Carmen Heppler K.D. Heppler v. Thomson Newspapers, Inc. Thomson Newspapers Holdings, Inc.

LOKEN, Circuit Judge.

Carmen Heppler, a Shopko Stores employee, was injured when she fell into a hole in the floor of warehouse space Shopko leased from Thomson Newspapers, Inc. Heppler sued Thomson and its successor for negligence. The district court 1 granted summary judgment in Thomson’s favor, concluding that it did not control the leased premises and therefore did not breach a duty to Shop-ko or Heppler. Heppler appeals. Reviewing the grant of summary judgment de novo, we affirm.

I

In March 1987, Shopko leased from Thomson the second and third floors of an old three-story building in…