FACTS: The plaintiff, Vasilenko, went to the defendant’s church to attend a seminar on a rainy
evening in November 2010. When he arrived a church member volunteering as a parking attendant
informed him that the main lot was full and directed him to park at the swim school lot across the
street. The church had an agreement to use the lot for overflow parking. The plaintiff attempted
to cross in the middle of the block directly across from the church. Midway across he was hit by a
car and injured. Vasilenko sued the church for negligence.The church acknowledged that the risk of
harm was foreseeable, but argued that it had no control over the public street and therefore
did not owe Vasilenko a duty to prevent his injury.