Liberty Mut. Ins. Co. v. Michigan Mut. Ins. Co., 2008 WL 2894336 (Ind.App.), involved Linda Swann, an employee of Trilithic who was on her way to work when she slipped and fell on a snow- and ice-covered pathway leading from the employee parking lot to a door located at the back of her work facility. She was entering the building through the back door because that was the entrance Trilithic required its assembly line employees to use.

The Trilithic facility was located in a portion of one of the buildings in a business park leased by Trilithic from Duke. Because it was Duke's responsibility under its lease with Trilithic to maintain common areas such as this pathway, it was undisputed that Swann fell and sustained her injuries outside the leased premises and in an area under the control and responsibility of Duke.