Hampton v. Lynch Motor Co.

495 P.2d 345, 6 Wash. App. 644, 1972 Wash. App. LEXIS 1220
CourtCourt of Appeals of Washington
DecidedMarch 31, 1972
DocketNo. 422-3
StatusPublished
Cited by2 cases

This text of 495 P.2d 345 (Hampton v. Lynch Motor Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hampton v. Lynch Motor Co., 495 P.2d 345, 6 Wash. App. 644, 1972 Wash. App. LEXIS 1220 (Wash. Ct. App. 1972).

Opinion

Green, J.

Plaintiff, Onetha Hampton, brought an action against the defendant, Lynch Motor Company, for personal injuries sustained when she fell into a grease trap or sump located on defendant’s premises. From a jury verdict in favor of defendant, plaintiff appeals.

The issues raised on appeal revolve around certain instructions given and refused, relating to licensees, wanton misconduct, business invitees and contributory negligence.

[645]*645Plaintiff’s husband, Robert Hampton, was an employee of the defendant. On January 23, 1970, plaintiff had taken her husband to work in the morning and planned to pick him up in the evening. Mr. Hampton telephoned plaintiff during the day and told her the defendant had just taken in a 1964 Buick car on a trade and wanted her to see it. The car that the Hamptons were driving was purchased 4 years previously from defendant and they were in the market to buy another car.

Defendant’s business premises are severed by an alley. On one side of the alley is a garage, a new car showroom, a new car storage area and an access area. Immediately behind the garage and adjacent to the alley is a grease sump. One-half of the top is covered with a metal grating so that water, oil and dirt can drain through it. The other half, which is next to the alley, is covered by a solid sheet of iron weighing approximately 75 pounds. These coverings are flush with the concrete ground level. Cars and trucks are parked on a hoist or over the pit during the steam cleaning of engines and the grease and dirt from the engines drain into the sump. On the day in question, defendant’s tow truck was backed and parked behind the garage in front of the sump. Further away from the alley and to the rear of the building are a pressure tank, hoses and gas pump. On the other side of the alley is defendant’s used car lot.

About 5 p.m. plaintiff drove onto defendant’s premises by proceeding through the alley, around the tow truck, and parked with the rear of her vehicle near the gas pump. The gas tank in the vehicle was filled. Defendant permitted employees to buy gas at wholesale.

Mr. Hampton got off work at 5 p.m. He met plaintiff at the car and together they walked around the front of the tow truck, across the alley, and into the used car lot, where they looked at the 1964 Buick and a station wagon. Two of defendant’s salesmen showed the automobiles to plaintiff and her husband. When the examination was completed, plaintiff and her husband returned across the alley to their [646]*646car. Instead of proceeding around the front of the tow truck, plaintiff proceeded to walk between the rear of the tow truck and the building. As she stepped on the iron covering over the sump, it gave way. She fell into the sump, incurring physical injury.

First, plaintiff assigns error to the giving of instructions allowing the jury to classify her as a licensee. Plaintiff takes the position that she was a business invitee, not a licensee. This position is based upon the fact that plaintiff purchased gasoline from defendant while on the premises and that two of defendant’s salesmen showed plaintiff and her husband two cars which they were interested in purchasing. Defendant argues that plaintiff’s' visit to the used car lot was of no potential economic benefit to defendant since it would not have sold a car to the Hamptons, in any event, because of their financial condition. Further, defendant argues the gasoline was sold at wholesale and therefore it derived no economic benefit from the sale. We disagree.

In McKinnon v. Washington Fed. Sav. & Loan Ass’n, 68 Wn.2d 644, 649, 414 P.2d 773 (1966), a business invitee was defined as:

[Ojne who is either expressly or impliedly invited onto the premises of another for some purpose connected with the business in which the owner or occupant is then engaged. To qualify as an invitee or business visitor under this definition, it must be shown that the business or purpose for which the visitor comes upon the premises is of actual or potential benefit to the owner or occupier thereof.

Restatement (Second) of Torts § 332 (1965), quoted with approval in McKinnon, states:

(1) An invitee is . . . a business visitor.
(3) A business visitor is a person who is invited to enter or remain on land for a purpose directly or indirectly connected with business dealings with the possessor of the land.

Plaintiff’s sole purpose in walking to the used car lot was to look at a used car that was for sale, with a view to its [647]*647purchase. The car was shown by two of defendant’s salesmen. Plaintiff’s act was of potential benefit to defendant within the rule of McKinnon or the Restatement of Torts, supra, and fixed her status as an invitee. In these circumstances, plaintiff was not a licensee and instructions defining a licensee and the duty of care owed to a licensee were erroneously given.

Defendant’s belated contention that it was reluctant to make sales to employees because they always chose the best cars, wanted to purchase them at a discount and be provided financing does not persuade us from our holding. Defendant’s president testified there was no particular policy in this regard. Further, there is nothing in the record to indicate defendant ever informed Hampton that he would not sell him a car. The Hamptons’ present automobile, although purchased from defendant, was financed elsewhere.

Defendant contends that, even if plaintiff became an invitee when she was in the used car lot, the area of invitation was limited to the used car lot and did not extend to the work area where the sump was located. We are unable to accept this contention. There were no signs restricting the work area to employees only; nor was the work area closed off. The record shows that on occasion salesmen would take customers from their new car showroom or new car storage area, across the alley and into the used car lot. There was a door leading out of the back of the new car showroom. Defendant’s sales manager testified they always took customers around the work area, but he did not know the route other unescorted customers took to the used car lot. There is no evidence of a designated normal route to the used car lot that defendant made known to unescorted customers. The route chosen by plaintiff was the shortest route to her car. In these circumstances, we believe the area in which plaintiff was injured was within the area of invitation.

Upon retrial, the court should instruct the jury that plaintiff was an invitee as a matter of law and instruct upon the duties owed by the defendant to an invitee. WPI 120.06.01.

[648]*648Second, plaintiff contends the trial court erred in giving an instruction on contributory negligence. It is plaintiff’s position there was no evidence introduced by the defendant to establish any negligence on the part of the plaintiff. We disagree. The evidence shows that plaintiff crossed the alley and rather than going around the front of the tow truck, proceeded to go between the rear of the truck and the building. Plaintiff testified that as she approached this area she was looking straight ahead. In this area, instead of walking on solid ground it was necessary to traverse the metal covering over the sump.

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Bluebook (online)
495 P.2d 345, 6 Wash. App. 644, 1972 Wash. App. LEXIS 1220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hampton-v-lynch-motor-co-washctapp-1972.