Arizona Supreme Court

Ephraim Dabush v. Seacret Direct LLC

January 8, 2021250 Ariz. 264

Summary

The court held that the defendants did not owe Dabush a premises-liability duty because they lacked both legal and actual control over the warehouse roof. Their repair activities did not make them possessors, and the record did not show that they assumed a duty to protect Dabush from falling through a skylight. The court therefore affirmed summary judgment for the defendants, affirming as to Prizma and reversing the intermediate court as to Direct.