Fuller v. TLC Property Management, LLC
402 S.W.3d 101
Mo. Ct. App.2013Background
- Fuller sued TLC for injuries from a slip in the Orchard Park parking lot; TLC admitted management but argued the Lease’s exculpatory clause barred the claim.
- The Lease defines Premises as apartment unit M303; paragraph 17 releases landlords from liability for injuries ‘occurring on or about the Premises.’
- Fuller signed the Lease May 22, 2010; the 13-month term ran through July 29, 2011; she slipped February 7, 2011.
- Fuller argued the exculpatory clause is not clear, not conspicuous, and does not cover parking-lot injuries; the trial court granted summary judgment.
- On appeal, the court held the clause does not clearly, explicitly, or unmistakably waive injuries occurring in the parking lot; summary judgment reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether exculpatory clause covers parking-lot injuries | Fuller argues clause excludes parking lots. | TLC argues clause covers on or about Premises, including parking areas. | Clause does not apply; parking-lot injuries not covered. |
Key Cases Cited
- Alack v. Vic Tanny Int’l of Missouri, Inc., 923 S.W.2d 330 (Mo. banc 1996) (strict construction; require clear language to waive negligence)
- Warren v. Paragon Technologies Group, Inc., 950 S.W.2d 844 (Mo. banc 1997) (exculpatory clauses disfavored; need proper formation)
- Milligan v. Chesterfield Village GP, LLC, 239 S.W.3d 613 (Mo.App. S.D. 2007) (addresses unconscionability under lease terms)
- Brewer v. Missouri Title Loans, Inc., 364 S.W.3d 486 (Mo. banc 2012) (unconscionability limits on non-negotiated terms)
- Chiodini v. Fox, 207 S.W.3d 174 (Mo. App. E.D. 2006) (implied warranty of habitability discussed in leasing context)