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Case Law Update: Survival Complaint in Landlord Tenant

Fan v. Auster Company, No. 1-07-2604 (3-30-09) found that the trial court erred when it granted summary judgment in favor of defendants dismissing plaintiff’s wrongful death and survival complaint for negligent maintenance of elevator doors in warehouse building through which plaintiff’s decedent, employee of sub lessee, fell and died. There is material question of fact whether elevator doors are structural element of building over which landlord maintained control; and whether sub lessor assumed duty to maintain doors by conduct of its employees. This case will have a profound impact on both wrongful death and premises liability.