Portland Freight Service, Inc. v. Canadian Imperial Bank of Commerce

Plaintiff appeals the trial court’s summary judgment for defendant on plaintiffs action for negligence. The issues are whether the action was barred as a matter of law by a subrogation of rights provision in a lease agreement and whether there was a material issue of fact as to whether that lease governed the parties’ relationship. We affirm.

1. In May, 1980, plaintiff, as tenant, entered into a commercial lease agreement with Warrington, as landlord. The written agreement was replaced several times over the years, until the agreement at issue was signed in February, 1984. In October, 1984,…