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Pedge v. RM Holdings12/19/2002
e who enters or remains on the land of another for the licensee's own convenience or to advance his or her own interests, pursuant to the landowner's permission or consent. Section 13-21-115(5)(b), C.R.S. 2002. A licensee includes a social guest. Section 13-21-115(5)(b).
In Maes v. Lakeview Associates, Ltd., 892 P.2d 375 (Colo. App. 1994), aff'd, 907 P.2d 580 (Colo. 1995), a division of this court held a tenant of an apartment complex was an invitee for purposes of a premises liability claim against both the landowner and the management company. The tenant was determined to be a customer of both the landowner and management company and to have had a continuing, mutually beneficial business relationship with both parties. Thus, the Maes division concluded the tenant could seek damages based on the alleged failure of the landowner and the management company to exercise reasonable care to protect against dangers they knew or should have known.
Similarly, here, Pedge was a tenant of R.M. Holdings, and he paid for and benefited from the services provided by Vantage Point.
Contrary to Vantage Point's assertion, Wright v. Vail Run Resort Community Ass'n, 917 P.2d 364 (Colo. App. 1996), does not support the position that Pedge was a licensee with respect to Vantage Point. In Wright, a division of this court held that the social guest of a condominium owner was a licensee with respect to the community association that maintained the area where the plaintiff was injured. This holding is consistent with ยง 13-21-115(5)(b), which provides that a social guest is a licensee.
Here, however, Pedge was not a social guest. He was a tenant, and we conclude the trial court did not err in determining he was an invitee of Vantage Point. In so holding, we note that R.M. Holdings concedes Pedge was an invitee with respect to it.
The judgment is reversed, and the case is remanded for further proceedings in accordance with the views expressed in this opinion.
JUDGE TAUBMAN and JUDGE WEBB concur.
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