WHELAN V. VAN NATTA
Ct. of App. of Ky., 382 S.W. 2d.205 (1964).
NATURE OF THE CASE: Whelan (P) challenged a judgment in favor of Van Natta (D) entered by
the trial court, in P's premises liability personal injury suit.
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 stair well. Across
the room and above the stair well 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 stair well, 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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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