Whelan v. Van Natta Ct. Of App. Of Ky.,

382 S.W. 2d.205 (1964)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P arrived at the store to purchase cigarettes. He had traded there regularly for the past ten years. P made his purchase and then inquired about a box for his son. D was busy behind the counter. He replied, 'Go back in the back room. You will find some back there.' P went to the rear of the store and opened the door to the storage room. The room was dark, so P paused to allow his eyes to become accustomed to the darkness. He testified that he did not see a light cord and did not look for one. There was a light in the room, but it was so situated that if turned on it might not have illuminated the stairwell. Across the room and above the stairwell there was a window, through which little light filtered because of paint or dirt. P's eyes had adjusted to the darkness, and he saw a box. On reaching down to pick it up, he discovered it was full. P then walked about twelve or fifteen feet toward the window and fell into an unseen stairwell, sustaining his injuries. The trial court held that P was a licensee at the time of his fall to whom D owed no duty to provide a safe place, save and except to have abstained from doing any intentional or willful act endangering his safety or knowingly letting appellant run upon a hidden peril. D got the judgment and P appealed.