Cregg
Cregg v. Ministor Ventures
Opinion
Opinion
Elkington, J.
Plaintiff Maria M. Cregg appeals from an adverse summary judgment in her action against defendant Ministor Ventures, a part nership or joint venture, engaged in the business of leasing space to others for storage of personal and household goods. The action sought $75,000 in damages based on Ministor Ventures’ claimed negligence and breach of warranty. It arose out of the loss by theft of plaintiff’s property stored in space leased to her by Ministor Ventures.
At the summary judgment proceedings, sworn declarations of defendant established the following factual context.
Plaintiff had leased from defendant certain storage space at the monthly rental of $17. Among other things, the lease provided: “6. This Lease Agreement is made on the express condition that Lessor shall be free from all liability and claims for damages by reason of injuries of any kind to any persons, including Lessee or property of any kind whatsoever and to whomever belonging, including Lessee, from any cause or causes whatsoever while in, upon or in any way connected with the premises, during the term of this Lease Agreement or any extension thereof, or any occupancy hereunder. Lessee hereby agrees to…