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Vinyard v. Vinyard Funeral Home, Inc., 435 S.W.2d 392

Facts

The plaintiff fell while walking up a ramp in the defendant's dimly lit parking lot on a rainy night. The ramp had been sealed with a clear liquid that made it slick when wet, and the plaintiff was unaware of the difference between the rough and smooth surfaces. The defendant had prior knowledge of the ramp's dangerous condition due to complaints from other patrons and had taken minimal remedial actions.

The plaintiff fell while walking up a ramp in the defendant's dimly lit parking lot on a rainy night. The ramp had been sealed with a clear liquid that made it slick when wet, and the plaintiff was unaware of the difference between the rough and smooth surfaces. The defendant had prior knowledge of the ramp's dangerous condition due to complaints from other patrons and had taken minimal remedial actions.

Issue

Did the defendant maintain an unreasonably dangerous condition in its parking lot that the plaintiff could not have reasonably discovered?

Did the defendant maintain an unreasonably dangerous condition in its parking lot that the plaintiff could not have reasonably discovered?

Rule

A property owner may be liable for injuries sustained by invitees if the property is maintained in a condition that poses an unreasonable risk of harm and the invitee is unaware of the danger.

A property owner may be liable for injuries sustained by invitees if the property is maintained in a condition that poses an unreasonable risk of harm and the invitee is unaware of the danger.

Analysis

The court analyzed the combination of the ramp's steep grade, the slick surface when wet, and the dim lighting, concluding that these factors created an unreasonably dangerous condition. The jury could reasonably find that the plaintiff did not know, and could not have known, about the danger due to the change in surface texture and the inadequate lighting.

The court analyzed the combination of the ramp's steep grade, the slick surface when wet, and the dim lighting, concluding that these factors created an unreasonably dangerous condition. The jury could reasonably find that the plaintiff did not know, and could not have known, about the danger due to the change in surface texture and the inadequate lighting.

Conclusion

The court affirmed the judgment in favor of the plaintiff, concluding that the evidence supported the finding of an unreasonably dangerous condition that the plaintiff could not have discovered.

The court affirmed the judgment in favor of the plaintiff, concluding that the evidence supported the finding of an unreasonably dangerous condition that the plaintiff could not have discovered.

Who won?

Plaintiff; she prevailed because the court found sufficient evidence of an unreasonably dangerous condition that the defendant failed to address.

Plaintiff; she prevailed because the court found sufficient evidence of an unreasonably dangerous condition that the defendant failed to address.

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