Cochran v. Burger King Corporation

937 S.W.2d 358 (1996)

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Nature of the Case

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Facts

P was visiting a friend. His friend's house was located across the street from a D restaurant. Sometime around 2:00 a.m., P left the friend's house on foot to go to a nearby Hardee's restaurant to get something to eat. P cut through the parking lot of D, which was closed, in order to reach Hardee's. D was closed, and all of the exterior lights had been turned off. After obtaining food at Hardee's, he returned to his friend's house, again taking a shortcut through the D lot. Within half an hour, P decided to make a second trip to Hardee's. When he reached Hardee's the second time, P discovered that he did not have his money with him. He started back through the D lot once again. On his way back to the house, P decided to check to see if there was any food in the dumpster at D. The dumpster was shielded on three sides by brick walls which were just short of eight feet in height. The fourth side of the dumpster enclosure was bounded by a set of wooden hinged gates. The area was dark. P entered the enclosure. P, who was intoxicated at the time, does not specifically remember checking the dumpster for food. He remembers 'turning around and taking a hop and grabbing the top of the wall' in an attempt to climb the wall. When asked at trial why he wanted to climb on top of the wall, he answered, 'I don't know.' P, who was about six feet tall, took a 'short hop,' and grabbed the top of the wall, in an effort to mount it. P does not remember his actions specifically. It is not clear whether he put his feet against the wall while suspending his weight and attempting to pull himself up. In any event, as he attempted to climb the wall, the wall collapsed, severely injuring P. P was able to drag himself to the street, where he flagged a passing police officer. He informed the police that he attempted to climb the wall and it fell on him. As a result of his injuries, P's left thumb and left leg were amputated. A little more than a month before P's accident, a trash truck driver had damaged the wall. Thereafter, there was visible evidence of damage to the structural integrity of the wall. The top portion of the wall was apparently no longer secured to the bottom part. The restaurant's manager recognized that the condition of the wall presented a potential danger. The manager and another employee pushed on the wall in an effort to determine the degree of instability. The employee felt the wall move when they pushed. The manager decided not to tear down the wall. The employees believed the wall was not safe and took care not to stand near it when emptying trash. The employees were told not to touch the wall. P sued D for breach of duty to the premises in a reasonably safe condition, or to warn of the dangerous condition. The jury found that D was 80% at fault for P's injuries and P was 20% at fault. Actual damages were assessed at $412,000. P obtained a verdict of $329,600 in compensatory damages. The jury awarded P one million dollars in punitive damages. D appealed.