Summary Judgment Victory for Commercial Property Owner

Principal Jeff Lester and Associate Grace Olson secured a summary judgment victory on behalf of a commercial property owner in a vehicle-versus-pedestrian accident at a busy retail strip mall parking lot in St. Louis County.

The plaintiffs—two pedestrians who sustained significant injuries after being struck by a vehicle—alleged that the parking lot was unreasonably dangerous due to inadequate traffic controls, including the absence of stop signs and roadway markings. They claimed these deficiencies contributed to the accident and imposed liability on the property owner.

Jeff and Grace moved for summary judgment, arguing that the defendant owed no duty to the plaintiffs and that, in the absence of expert testimony, Plaintiffs could not prove that the parking lot was in violation of any applicable standard of care. They emphasized that responsibility for the accident rested with the driver, not the property owner, and Plaintiffs could not establish causation.

The St. Louis County judge agreed and granted summary judgment on all claims against WWBH’s client. The ruling reinforces key limitations on premises liability in parking lot cases and affirms that property owners are not insurers of pedestrian safety and should only be held liable for foreseeable injuries caused by dangerous conditions of which the owner has notice.