Camacho
Camacho v. Du Sung Corp.
Opinion
Lead Opinion
Hall, J.
This case concerns the liability of a landlord under Guam law for injuries to a third party caused by a tenant’s activities. Because we find no legal basis on the facts presented for holding the landlord liable, we affirm the grant of summary judgment in favor of defendants Carlos and Rosemarie Takano.
I. Background
The Takanos, the owners of a commercial building in Guam, leased space to the Du Sung Corporation for use as a shooting gallery (known as the 007 Gun Club). The Takanos did not investigate Jin Kon Kim, the owner of the gun club, or inquire about his experience or training with firearms. They did confirm, however, that he had obtained the proper license from the Guam government. The lease required the tenant to maintain the premises and to keep the shooting gallery noise-free and safe. It did not give the landlords the right to enter, inspect, maintain or repair the premises, although they could terminate the lease and repossess the property in the event of a breach.
The gun club itself was divided into two sections: a reinforced rear area where shooting occurred and an unreinforced front part that adjoined the common areas of the building. The wall between the front…