Demag v. Better Power Equipment, Inc.

102 A.3d 1101 (2014)

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Nature of the Case

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Facts

P worked for a car dealership that also provided automobile service. As a convenience for customers, P picked up vehicles belonging to customers, leaving his own vehicle and returning the customer's vehicle at the end of the day. P provided this service to D's general manager and his wife, picking up their cars from D's parking lot. This occurred five to six times a year. The arrangement had existed for approximately ten years. P drove to D for the scheduled service, parking in his usual spot next to the vehicle of the general manager and his wife. This area was not generally used for parking by D customers, the general manager and his wife typically parked there, and other employees sometimes parked there in the winter. P spoke briefly with the general manager about the service needed for his vehicle. Plaintiff then returned to his vehicle, retrieved a few items, took a step, and fell into an uncovered storm drain. P filed this case to recover damages for the injuries he suffered as a result of that fall. D was responsible for maintaining all buildings and surface areas of the premises. D was not aware that the storm drain was uncovered. A recent snowfall had obscured the drain and a D employee had plowed the area around the drain the day before the fall. The general manager, who had worked for D for twenty-five years, stated that the storm drain cover had never come off before. The court determined that D was a licensee and that D owed P no duty; a landowner did not owe a duty of ordinary care to a licensee and, as a result, had no duty to inspect the land to discover possible or even probable dangers. P appealed.