Just out of curiosity; what did it say?
Not very well formatted, which makes it difficult to read. The citations are technical-legal, which is alot of noise, if you are not familiar.
I had the research lying around because I have a case where I represent the owner of an old strip mall, which borders a 2 lane state highway. The lot surface runs right up to the highway, without curbs. Parking spaces are located partially in the "right of way," which is a 13 foot strip outside of the highway surface owned by the state. A driver on the highway fell asleep the morning after a bender and pinned someone against her car, causing horrific injuries. She has argued that we needed to get a permit from the state in order to encroach on the right of way, which the state would have never granted. We say the lot was always like that, and is therefore grandfathered. Aerial photographs arguably show otherwise.
I am trying to say in that brief that the only cause of the accident was the driver and not the condition of the lot. The cases I have collecect nationwide say where there is a drunk, sleeping or completely out of controll driver, that is the sole "proximate cause" of the injuries. So it had alot of similarities with the Burger King story - which is not good for my position in my case.