Philadelphia Indemnity Insurance Co. v. Gonzalez

In a subrogation matter, the plaintiff appealed from the circuit court’s grant of the defendant’s motion to dismiss, arguing that the trial court erred by interpreting the language of a lease to limit a tenant’s liability for negligent conduct that resulted in smoke damage to a unit rented by the tenant as well as other units in a multi-unit building. The appellate court affirmed, finding that the trial court properly limited the subrogee’s recoverable damages when it found that the lease showed that the parties did not intend the tenant to be liable for damages outside of a single unit. (ODEN JOHNSON and HYMAN, concurring)