Blackman v. Federal Realty Investment Trust

KELLY, Judge:

In this opinion we are called upon to determine whether summary judgment may be entered against a plaintiff in a personal injury action where a question of fact remains as to whether a defendant landowner who possesses an easement across a parking lot where the injury occurred may be considered a “possessor of land” with a duty owing to persons injured on that portion of the lot. Based on the following reasoning, we hold that whether a party is a “possessor of land” with a duty owing to invitees is a fact question which precludes summary judgment. Accordingly, we reverse the…