Michael Daugherty and Jack Stokan recently obtained summary judgment for White and Steele’s client, an auto parts retailer, by arguing the client was not a “landowner” within the meaning of Colorado’s Premises Liability Act. Plaintiff alleged he sustained injuries when he struck a pothole in an alleyway near the retailer’s store while riding his motorcycle. Plaintiff claimed the retailer was responsible for the pothole because the alleyway provided access to its store. We argued the retailer had no control over the condition of the alleyway and had no responsibility to maintain the portion of the alleyway where Plaintiff struck the pothole. Therefore, the retailer could not be classified as a “landowner” as a matter of law. The Court agreed and dismissed Plaintiff’s claims against the retailer.
