Koehler v. Southmoor Bank & Trust Co.

This is an appeal from a summary judgment order dismissing plaintiff’s suit for personal injuries alleged to have been sustained by reason of defendants’ negligence in the operation and maintenance of an apartment building in which plaintiff was a tenant.

The question presented to us is whether the beneficiaries of a land trust, who by the terms of a trust agreement have possession and control of the property leased but no legal or equitable interest in the title, are protected against such liability by an exculpatory clause in the lease.

Defendants to the suit were the Southmoor Bank and Trust…