Graci v. Damon

374 N.E.2d 311 (1978)

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Nature of the Case

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Facts

Graci (P) owned a dry-cleaning store at a shopping mall. Air conditioning and electrical work was being done at the center and that required contractors to have access to an electrical box. The box was protected by locked doors, and P had the key. P gave the key to the contractors, but they failed to relock the box on numerous occasions despite P's warnings of danger. P then, unable to get the keys back, nailed the doors shut whenever they were left open by the contractors. During one of these nailings, P slipped and fell, and his hammer came into contact with the hot electrical wires, and he was severely burned and shocked. The jury apportioned negligence as follows: P-15%, Lind 40%, McCauley 40%, and Damon 5%. Damon claims that under comparative negligence he is absolved of liability as his negligence was less than P's. The trial judge entered judgment against all Ds and Damon appealed.