Forsberg v. ML Parker Company

139 N.W.2d 315, 258 Iowa 513, 1966 Iowa Sup. LEXIS 705
CourtSupreme Court of Iowa
DecidedJanuary 11, 1966
Docket51895
StatusPublished
Cited by5 cases

This text of 139 N.W.2d 315 (Forsberg v. ML Parker Company) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Forsberg v. ML Parker Company, 139 N.W.2d 315, 258 Iowa 513, 1966 Iowa Sup. LEXIS 705 (iowa 1966).

Opinions

Thornton, J.

Plaintiff’s action is to recover damages for injuries suffered in a fall over some rubber, mats at the end of a display counter. ...

Defendant’s motion to. direct in t.he trial court contained a [515]*515number of grounds, here defendant relies solely on plaintiff’s failure to establish any actionable negligence.

I. Plaintiff, a lady 60 years old at the time, went to defendant’s store to purchase a filler for a thermos bottle between 7 and 8 p.m. in the evening. The store was open until 9 p.m. She took the elevator to the fifth floor and walked to the counter where the fillers were displayed. A clerk assisted her in obtaining the correct filler, took her money and proceeded to the cashier’s desk. Plaintiff closed her purse and billfold and followed the clerk to get her change and package. On the way plaintiff fell or tripped over a pile of rubber mats at the end of the thermos bottle counter. The exhibits show the counter was '47% inches wide and 34% inches , high. The rubber mats were 13 inches wide and 22 inches long. The pile of mats was six-inches high. Defendant contends • there was a sign seven-inches wide and 11 inches high on top of the pile of mats. Plaintiff testified she did not see such a sign, the. jury could find such sign was not there at the time. The rubber mats-were stacked at the east end of the counter extending into the aisle 13 inches and 22 inches along the counter approximately equidistant between the north and south edges of the counter. The aisle to the east of the counter was four, and a half feet wide. Plaintiff, at‘ the time she purchased the filler, was standing on the north side of the counter three feet west of the northeast corner of the counter. The cashier’s desk was to the south and east, the clerk used the aisle to the east of the thermos bottle counter. It was a proper or convenient route. After plaintiff gave her money to the clerk, the clerk, from plaintiff’s right, walked behind her to the aisle to the east, and turned south into the aisle to go to the cashier’s desk. Plaintiff closed her purse and with her purse and billfold in her hand started to follow the clerk. She walked the three feet to the corner, turned to her right and caught her toe in the mats and fell. The distance from the northeast corner of the counter to the mats was approximately 13 inches. Plaintiff, five feet two inches tall, could not see the mats from her position when she was purchasing the filler. The jury could properly find she could not see" the mats over the counter 34% inches high until she reached the corner. Plaintiff then had a [516]*516step or distance of 13 inches in which to observe the mats, black in color against a light colored floor.

Plaintiff’s testimony is, “* * * I turned and .started to follow her to receive my change and my package. I caught my toe and fell down. * * * I caught it on those mats. * * * I did not see the mats prior to the time I tripped over them. I first saw them after * !* * they seated me on a chair. * * * they [the mats] were scattered all over after I fell. * * * I never did see such a sign. * * * I was following the clerk to the cash register. * * * as I walked around the corner there, well I really wasn’t looking at anything. I was just starting to follow her. I was looking at her retreating form, where she was going. * * * I am able to see well, * * *. I did not have any problems seeing where I was going * * *. The lighting was adequate. * * * As to whether I could have seen the stack of mats as I reached a point near the east end of the counter before starting to make the turn, if I, looked at the floor, I don’t know. * * * I wasn’t looking at the floor. I was looking at the merchandise. After I selected my filler and turned around * * * I was looking straight ahead. I was looldng at nothing in particular. I had gone to the store for one specific purpose * * *. I had purchased it and was not looking at anything else. As to whether it is fair to say that there wasn’t anything distracting me at this particular point after I had purchased the filler, not especially: There were no distractions. I was looking forward with the intention of following the clerk. As to whether I have testified that there were no distractions of any type, I wasn’t looking at anything in particular or for anything in particular.”

Defendant concedes it placed the mats on display at the end of the counter and that plaintiff is an invitee. No issue of knowledge is involved. Bartels v. Cair-Dem, Incorporated, 255 Iowa 834, 840, 124 N.W.2d 514, 518. No authorities need be cited for the following: in considering a motion to direct, plaintiff’s evidence is given the most favorable consideration it will reasonably bear; plaintiff has the burden of proof by a preponderance of evidence on the issue of defendant’s negligence, generally questions of negligence and proximate cause are for the jury— it is only in exceptional cases they may be decided as a matter [517]*517of law; and even when the facts are not in dispute or contradicted, if reasonable minds might draw different inferences from them, a jury question is engendered. See rule 344(f) 2, 8, 10 and 17, Rules of Civil Procedure.

The facts of each particular case of this kind are controlling on the question of negligence. Bartels v. Cair-Dem, Incorporated, supra, at page 837 of 255 Iowa, page 516 of 124 N.W.2d, and citations. A storekeeper is not liable for injuries from dangers that are obvious, reasonably apparent, or as well known to the person injured as to the storekeeper. The duty owed by the storekeeper is to those only who do not know or in the exercise of ordinary care for their own safety have no reasonable means of knowing of defects or dangers. Bartels, supra, at page 843 of 255 Iowa, page 519 of 124 N.W.2d, and citations. In Corrigan v. Younker Brothers, Inc., 252 Iowa 1169, 1175, 110 N.W.2d 246, 250, we said:

“If .a danger is ‘reasonably apparent’ it follows that an invitee exercising reasonable care for his own safety has a reasonable means of knowing of it.”

In each of the cases cited above and in the cases cited in them we equate “reasonably apparent” with “obvious” and “as well known to the person injured as to the owner or occupant.”

Plaintiff does urge she was distracted but states such is not necessary as the mats located as they were, were hidden and constituted a trap or pitfall as to her.

Defendant relies chiefly on Crouch v. Pauley, 254 Iowa 14, 116 N.W.2d 486, and Corrigan v. Younker Brothers, Inc., 252 Iowa 1169, 110 N.W.2d 246. In Corrigan at page 1175 of 252 Iowa, page 249 of 110 N.W.2d, we said:

“It is true the plaintiff * * * says the steps were ‘hidden’ from her view as she passed along the south side of the platform. But they were, in plain sight if she had taken care to look as she turned the corner; and the defendant cannot be held to such a high degree of care as that it must have anticipated her failure to do so.”

The question in Corrigan and here is, can the jury properly infer from the evidence the danger, here the mats, was not obvious, reasonably apparent or as well known to the person injured as to the owner or occupant?

[518]

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Forsberg v. ML Parker Company
139 N.W.2d 315 (Supreme Court of Iowa, 1966)

Cite This Page — Counsel Stack

Bluebook (online)
139 N.W.2d 315, 258 Iowa 513, 1966 Iowa Sup. LEXIS 705, Counsel Stack Legal Research, https://law.counselstack.com/opinion/forsberg-v-ml-parker-company-iowa-1966.