On February 6, 2014, Baldwin Shields, a Federal Express driver, delivered an envelope to Ramslee Motors, a used car dealership. After delivering the envelope, Shields slipped and fell on snow and ice on the driveway leading back to the sidewalk. Ramslee Motors parked cars for sale on that driveway, which is adjacent to the public sidewalk but separated from the sidewalk by a fence. As a result of his fall, Shields suffered injuries that he alleges continue to cause him pain and limit his activities. Ramslee Motors leased the property for its dealership from 608 Tonnelle Avenue, LLC (the landlord). The lease agreement described the parties’ responsibilities with respect to maintenance and repair, in relevant part, as follows:

TENANT shall be solely responsible for the maintenance and repair of the land and any structure placed on the premises at any time and from time to time during the lease, as if TENANT were the de facto owner of the leased premises.

The owner of Ramslee Motors testified that he was responsible for clearing snow and ice at the property. He maintained equipment at the property in order to discharge that responsibility including salt and snow shovels. Further, the tenant’s owner had removed snow and ice from the property the day before the incident, as confirmed by security camera footage from the property.

Shields filed a complaint against Ramslee Motors and the landlord, alleging that their negligence was the cause of Shields’s injuries.

Shields settled with Ramslee Motors and a stipulation of dismissal was entered. The landlord moved for summary judgment, and the trial court granted its motion. Do the terms of the lease leave the landlord free of liability in this case? Does the lease matter at all when it comes to the landlord’s legal responsibilities?