Johnson v. Libby Hill Seafood Restaurants, Inc.
Court: Supreme Court of North Carolina; May 2, 1962; North Carolina; State Supreme Court
Plaintiff was an invitee in the defendant's truck for the purpose of selecting and purchasing fish, establishing that the defendant had a legal duty to maintain the truck's interior in a reasonably safe condition. However, the defendant was not liable as an insurer for any injuries. The doctrine of res ipsa loquitur was deemed inapplicable. Evidence indicated that when the plaintiff entered the truck, it was sufficiently lit for him to see and choose the fish. He did not notice a shovel until he tripped over it while exiting. The evidence did not clarify whether the shovel's handle was visible upon his entry or how long it had been in that position. The plaintiff, who had frequented the truck for nearly a year, was aware of the wet conditions from melted ice and should have anticipated some hazards associated with the truck's use for transporting iced fish. Despite the presence of the shovel, which was large enough to be noticeable, the court found that it was not a concealed danger. Given the truck's intended purpose and the plaintiff's familiarity with its interior, the defendant could not reasonably foresee that an injury would occur due to the condition described. Therefore, upon reviewing the evidence favorably to the plaintiff, it was concluded that he failed to establish a prima facie case of actionable negligence. The judgment of involuntary nonsuit was affirmed.