Barnett v. Southern California Edison Co.
Gregory J. Barnett appeals from a summary judgment entered in his premises liability and negligence action in favor of Southern California Edison Company (Edison). Barnett claimed he suffered horrendous injuries when he was bitten by a spider while he was standing in Edisons six-foot wide easement which runs along the length of his backyard. Barnett asserts the court erred in not finding Edison, as the exclusive owner and beneficiary of the dominant tenement portion of the easement, had an affirmative duty to maintain the property in a safe condition and in good repair. Court conclude summary judgment was properly entered because Barnett failed to present evidence to rebut Edisons claim (and evidence) it merely owned a nonexclusive easement with limited control and rights over Barnetts property. Because there is no evidence in the record or legal reason to hold Edison had a duty to exterminate insects in Barnetts backyard, Court affirm the judgment.
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