Richardson v. The Commodore, Inc.

599 N.W.2d 693 (1999)

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Nature of the Case

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Facts

P was injured at a bar owned and operated by D when a portion of the ceiling fell on him. P was shooting pool at the bar and was suddenly struck by falling plaster. P sued D to recover damages for his physical injuries. P alleged that he was a business invitee and the collapse of the ceiling and his resulting injuries were caused by Ds' negligence in failing to maintain the premises in a reasonably safe condition. The building was built in 1913. Ralph and Betty Hauerwas (D) acquired the building in 1982 and moved their tavern business into it. The tavern was on the first floor. Prior to opening for business, Ds contracted with Wayne Blumer to repair portions of the plaster ceiling of the first floor where the wood lath had been exposed by the removal of some partition walls. Blumer did not notice any signs of damage to or other problems with the plaster ceiling at the time of his repairs. Three years later, Ds installed a drop ceiling on the first floor, and they did not notice any problems with the plaster ceiling at that time. Between 1985 and 1994, they did not inspect the plaster ceiling, were unaware of any problems in that ceiling and made no repairs to it. Blumer testified that the ceiling collapsed due to its age and the effect, over time, of vibration from heavy traffic on the adjoining street. Blumer inspected the remainder of the plaster ceiling by looking through the drop ceiling where the tiles had been pushed off by falling plaster and using a spotlight to view whether the plaster was sagging in any other areas. The district court granted Ds' motion for summary judgment, holding there was no evidence they knew or should have known of the dangerous condition of the plaster ceiling. The court of appeals affirmed. P appealed.