Game v. Charles Stores Co., 524

• Decision Date: 14 December 1966
• Docket Number: No. 524,524
• Citation: 151 S.E.2d 560,268 N.C. 676
• Court: North Carolina Supreme Court
• Parties: Mrs. Louise GAME v. CHARLES STORES COMPANY, Inc., and King's Department Stores of Raleigh, Inc.

Page 560

151 S.E.2d 560

268 N.C. 676

Mrs. Louise GAME v. CHARLES STORES COMPANY, Inc., and King's Department Stores

of Raleigh, Inc.

No. 524.

Supreme Court of North Carolina.

Dec. 14, 1966.

Smith, Leach, Anderson & Dorsett, Raleigh, for plaintiff appellant.

Broughton & Broughton, Raleigh, for defendant appellees.

HIGGINS, Justice.

The plaintiff has appealed from a judgment sustaining the demurrer and dismissing the action upon the ground the complaint failed to state a cause of action. In passing on the appeal, this Court is required to examine the complaint and to determine as a matter of law whether it contains sufficient factual averments to survive the demurrer. 'If the complaint, in any portion of it or to any extent, presents facts sufficient to constitute a cause of action, or if facts sufficient for that purpose can be fairly gathered from it, it will survive the challenge of a demurrer based on the ground that it does not allege a cause of action. Bailey v. Bailey, supra; (243 N.C. 412, 90 S.E.2d 696)' Murphy v. Murphy, 261 N.C. 95, 134 S.E.2d 148.

The facts alleged are sufficient to permit a finding the plaintiff was an invitee on the defendants' premises at the time of her injury. This relationship does not constitute the defendants insurers of her safety, and Res ipsa loquitur is not applicable; nevertheless, liability attaches for injuries resulting from the defendants' actionable negligence. Morgan v. Great Atlantic & Pacific Tea Co., 266 N.C. 221, 145 S.E.2d 877; Long v. National Food Stores, Inc., 262 N.C. 57, 136 S.E.2d 275. The owner of a store must exercise ordinary care to keep in a reasonably safe condition that part of the premises where during business hours invitees are expected. The owner's duty extends to a parking lot provided by the owner for the use of the invitees. Berger v. Cornwell, 260 N.C. 198, 132 S.E.2d 317.

The driveway into and out of the parking lot parallels the front of the store. At the time of plaintiff's injury, that portion of the driveway adjacent to the building was used for the display of azalea and other plants. These were contained in wooden boxes placed on that portion of the driveway nearest the wall of the building. An automobile operated on the driveway by another customer ran over one of the soft drink bottles. The moving wheel caused the bottle to be thrown with 'terrific' force against the plaintiff, inflicting serious and permanent injuries. Charles Stores Company, Inc., had carelessly...