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Louis Fernandes v. Agar Supply Company, Inc

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Before Lynch, Chief Judge, Torruella and Lipez, Circuit Judges.

In this personal injury action, Louis Fernandes sued AGAR Supply Company, Inc., for negligence in federal district court under diversity jurisdiction. Fernandes, a resident of Rhode Island, injured his back when he stepped into a hole in the floor of a tire “shed” which was on property leased by AGAR, a Massachusetts corporation, to Fernandes’s employer, Penske Truck Leasing. Whatever remedies Fernandes may have against Penske, he sued AGAR on the theory that it owed him a duty of care to maintain and repair the tire “shed” under the lease between AGAR and Penske. The district court granted summary judgment to AGAR on the duty of care issue under Massachusetts law, relying on Humphrey v. Byron, 850 N.E.2d 1044 (Mass. 2006). See Fernandes v. AGAR Supply Co., Inc., No. 09-10930, 2011 WL 2266537 (D. Mass. June 7, 2011). We affirm.

I.

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