Eoff v. Warden

The issue in this appeal is whether the landlord is immunized against an action by a person, other than the landlord’s tenant, for negligence in creating or maintaining a “common” area which has not been placed in the exclusive control of the tenant. The majority opinion concludes that the landlord may not be liable to the guest of a tenant who alleges that the landlord was negligent in creating barriers in a parking lot and then negligently failing to light the parking lot properly. The majority’s holding is based on a case holding that a landlord may not be held liable to her tenant for an…