HOLZHEIMER V. JOHANNESEN 871 P.2d 814 (1994) CASE BRIEF

HOLZHEIMER V. JOHANNESEN

871 P.2d 814 (1994)

NATURE OF THE CASE: Holzheimer (P) appealed a judgment for Johannesen (D) in P's suit for personal injuries from falling from a stack of boxes in D's warehouse.

FACTS: P went to D's fruit farm to purchase or borrow fruit packing boxes. Farmers in the area routinely sold at cost or loaned packing boxes to each other, as needed, as a favor to one another. Four days prior William McConnell, the foreman at D's fruit farm, took P into the warehouse and pointed out where the boxes were stored. He showed P how he could retrieve them in the future by himself. McConnell informed P that if he needed additional boxes in the future he could retrieve them on his own. P entered the warehouse to obtain more boxes. P climbed on top of the pallets and in the process fell into the center of them, suffering head and shoulders injuries. P sued D for personal injuries. D claimed that P was a licensee when he entered the warehouse and was only entitled to a lower standard of care. The court instructed the jury that there was a question of fact as to whether P was an invitee or licensee and then gave the jury an instruction defining both and setting forth the appropriate standards of care. P objected and D got the verdict. P appealed. P asserts he was an invitee.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

Get free access to the entire content for Mac, PC or Online

for 2-3 days and free samples of all kinds of products.

https://bsmsphd.com

© 2007-2016 Abn Study Partner