ADR Case Updates
Burnett v. Chimney Sweep, 11/12/04
Attached is the recent decision in Burnett v. Chimney Sweep (Second Appellate District, Division Six, No. B167190), filed November 2, 2004, dealing with limiting a commercial landlord's liability in an allegedly mold-infested premises. The lease contained provisions shielding the lessor from liability. In reversing the order granting judgment on the pleadings in favor of the landlord, the Appellate Court held that the lease did not bar claims based upon "active" - as opposed to "passive" - negligence, as a matter of law. Although a mold case in the context of a commercial lease, the public policy and construction principles cited in the opinion have broad application to many other areas, including employment and injury claims, that are arguably precluded by exculpatory language protecting the tortfeasor.
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