Kyres v. Gomes
Plaintiffs Demetrios Kyres and Genia Kyres, husband and wife (together Plaintiffs), appeal a judgment entered in their premises liability action following the trial court's order granting the motion for summary judgment filed by defendants Efrain Gomez, doing business as Los Alazanes Mexican Food, Edward E. Colson III, Edward E. Colson IV, as trustee of the Edward E. Colson III Trust, Edward E. Colson III Trust, Andrie F. Grimaud, and Dennis R. Sciotto (together Defendants). On appeal, Plaintiffs contend the trial court erred by granting Defendants' motion for summary judgment because, contrary to the court's conclusion, Defendants exercised control over the public parkway adjacent to Gomez's restaurant and therefore owed Demetrios Kyres (Kyres) a duty of care for the injury he sustained in that public parkway. Court conclude that because Defendants did not exercise control over the adjacent public parkway by merely allowing light to emanate from their property onto that adjacent parkway, Defendants did not owe a duty of care to Plaintiffs and therefore the trial court properly granted Defendants' motion for summary judgment.
Comments on Kyres v. Gomes