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Keywords

damagesnegligencecontributory negligence
negligence

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Virginia Dare Stores v. Schuman, 175 Md. 287, 1 A.2d 897

Facts

On July 1, 1936, Charles Schuman was employed by Queen City Window Cleaning Company and was sent to clean the walls of Virginia Dare Stores, Inc. The store's manager, Pillar, directed Schuman to stand on the molding of a dress case to reach the walls. Despite Schuman's concerns about the safety of the molding, Pillar assured him it was safe. While cleaning, the molding broke, causing Schuman to fall and sustain serious injuries. Schuman's employer had Workmen's Compensation Insurance, and after receiving compensation, Schuman sued Virginia Dare Stores for damages.

On July 1, 1936, and for sometime prior thereto, Charles Schuman was employed by Queen City Window Cleaning Company. Virginia Dare Stores, Inc., owner of a store at 15 West Lexington Street, Baltimore, Maryland, had previously engaged York Ice Machine Company to install an air conditioning system in its store. As a result of the installation, the east and south walls of the store were left spotted and dirty, whereupon York Ice Machine Company employed Queen City Window Cleaning Company to clean them.

Issue

Did Virginia Dare Stores, Inc. act negligently in assuring Schuman that the molding was safe to stand on, leading to his injuries?

Did Virginia Dare Stores, Inc. act negligently in assuring Schuman that the molding was safe to stand on, leading to his injuries?

Rule

A party may be held liable for negligence if they make representations that induce another to act, and if those representations are false and lead to injury.

A party may be held liable for negligence if they make representations that induce another to act, and if those representations are false and lead to injury.

Analysis

The court analyzed whether Pillar's assurances about the safety of the molding constituted negligence. It was determined that if the jury believed Schuman's account, they could find that Pillar had assumed control over the work and negligently misrepresented the safety of the molding. The court noted that the question of contributory negligence was also for the jury to decide, as Schuman's reliance on Pillar's assurances could absolve him of contributory negligence.

The court analyzed whether Pillar's assurances about the safety of the molding constituted negligence. It was determined that if the jury believed Schuman's account, they could find that Pillar had assumed control over the work and negligently misrepresented the safety of the molding.

Conclusion

The court affirmed the lower court's judgment, concluding that there was sufficient evidence for the jury to find in favor of Schuman based on the negligence of Virginia Dare Stores, Inc.

The court affirmed the lower court's judgment, concluding that there was sufficient evidence for the jury to find in favor of Schuman based on the negligence of Virginia Dare Stores, Inc.

Who won?

Charles Schuman prevailed in the case because the court found that the assurances given by the store's manager were misleading and led to Schuman's injuries.

Charles Schuman prevailed in the case because the court found that the assurances given by the store's manager were misleading and led to Schuman's injuries.

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