Disabled Veterans Trust v. Porterfield Construction, Inc.

FACTUAL/PROCEDURAL BACKGROUND

LOWENSTEIN, Judge.

The sole issue in this case between a landlord and a tenant is the effect of the language used in provisions of a lease between appellant-landlord and respondent-tenant as to whether the tenant is liable for damages caused by his negligence. Appellant C. Charles Franklin d/b/a Franklin Oil Company (Franklin) seeks reversal of a summary judgment granted in favor of his tenant, the respondent, Jerry Porterfield d/b/a Porterfield Construction, Inc. (Porterfield).

Franklin is the owner of a building located at 13910 Noland Court in Independence,…