Senn v. Sun Printing Co., No. 1123
| Court | Court of Appeals of South Carolina |
| Writing for the Court | GARDNER; SANDERS, C.J., and BELL |
| Citation | 295 S.C. 169,367 S.E.2d 456 |
| Parties | Florence SENN, Respondent, v. SUN PRINTING COMPANY and Bowers & Floyd, Inc., Defendants. Appeal of BOWERS & FLOYD, INC. . Heard |
| Decision Date | 16 February 1988 |
| Docket Number | No. 1123 |
Page 456
v.
SUN PRINTING COMPANY and Bowers & Floyd, Inc., Defendants.
Appeal of BOWERS & FLOYD, INC.
Decided April 4, 1988.
[295 S.C. 170] William B. Woods, Brown & Woods, Columbia, for appellant.
Eugene C. Griffith, Griffith, Mays, Foster & Kittrell, Newberry, for respondent.
GARDNER, Judge:
This is a premises liability case brought by Florence Senn (Senn) against Sun Printing Company (Sun) and Bowers & Floyd, Inc. (Bowers). Upon trial, the jury returned a verdict against Bowers and Sun for $11,099.94. Upon Senn's motion, the
Page 457
trial judge granted a new trial on the issues of damages only. Bowers appeals; Sun does not. We reverse and remand.Senn fell in a parking lot which she alleged was jointly maintained by Bowers and Sun for the purpose of providing parking for the automobiles owned by customers calling upon both Bowers and Sun; she alleged that upon parking in the parking lot, she went into the business houses of both Bowers and Sun for the purposes of transacting business with them, and as such, was a business invitee of both Bowers and Sun; she then alleged that as she was walking back to her truck, the asphalt covering over the parking lot not being properly maintained and several potholes being [295 S.C. 171] present, she stepped near a pothole and the asphalt crumbled under her foot causing her to fall and suffer severe injuries.
Bowers' answer set up, inter alia, the defense of assumption of risk. During the trial Bowers made a timely motion on the basis of its defense of assumption of risk and a post-verdict motion for judgment n.o.v. on the same ground; the trial judge overruled both motions. Whether the trial judge erred in so ruling is the issue treated by this decision.
We briefly review the facts. Bowers and Sun own adjoining tracts of land; their businesses front on Boyce Street in Newberry, South Carolina; Boyce Street intersects McKiven Street; the rear of both tracts is used for parking; the employees of Bowers and Sun permissively used each other's spaces. One entering the Bowers' property must enter from McKiven Street. The following is a drawing depicting the situation.
NOTE: OPINION CONTAINS TABLE OR OTHER DATA THAT IS NOT VIEWABLE
Page 458
[295 S.C. 172] There were no signs prohibiting customer parking; both Bowers and Sun were aware that customers, including Senn, parked in the lot and neither Bowers nor Sun objected thereto. There is evidence of record to support Senn's theory that Bowers and Sun jointly maintained the parking lot for...
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Davenport v. Cotton Hope Plantation Horizontal Property Regime, No. 2621
...Co., Inc., 205 S.C. 333, 348-49, 32 S.E.2d 5, 9 (1944) (stating assumption of risk rests in contract) with Senn v. Sun Printing Co., 295 S.C. 169, 173, 367 S.E.2d 456, 458 (Ct.App.1988) (stating assumption of risk turns on assent, voluntariness, and Courts continued, however, in their effor......
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Davenport v. Cotton Hope Plantation, No. 24850.
...the nature and extent of the danger; and (4) the plaintiff must voluntarily expose himself to the danger. Senn v. Sun Printing Co., 295 S.C. 169, 367 S.E.2d 456 (Ct.App.1988). "The doctrine is predicated on the factual situation of a defendant's acts alone creating the danger and causing th......
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Ervin v. Continental Conveyor & Equipment Co., Civil Action No.: 4:07-cv-3010-TLW-TER.
...Davenport v. Cotton Hope Plantation Horizontal Prop. Regime, 333 S.C. 71, 508 S.E.2d 565, 569 (1998) (citing Senn v. Sun Printing Co., 295 S.C. 169, 367 S.E.2d 456 (Ct.App.1988)). In addition, the "trial court may declare the plaintiff assumed the risk as a matter of law where it clearly ap......
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Cole v. Raut, No. 3995.
...voluntarily exposing himself to such an obvious danger with appreciation thereof which resulted in the injury. Senn v. Sun Printing Co., 295 S.C. 169, 173, 367 S.E.2d 456, 458 In the present case, Cole signed a consent form acknowledging the risks associated with the VBAC procedure. The con......
-
Davenport v. Cotton Hope Plantation Horizontal Property Regime, No. 2621
...Co., Inc., 205 S.C. 333, 348-49, 32 S.E.2d 5, 9 (1944) (stating assumption of risk rests in contract) with Senn v. Sun Printing Co., 295 S.C. 169, 173, 367 S.E.2d 456, 458 (Ct.App.1988) (stating assumption of risk turns on assent, voluntariness, and Courts continued, however, in their effor......
-
Davenport v. Cotton Hope Plantation, No. 24850.
...the nature and extent of the danger; and (4) the plaintiff must voluntarily expose himself to the danger. Senn v. Sun Printing Co., 295 S.C. 169, 367 S.E.2d 456 (Ct.App.1988). "The doctrine is predicated on the factual situation of a defendant's acts alone creating the danger and causing th......
-
Ervin v. Continental Conveyor & Equipment Co., Civil Action No.: 4:07-cv-3010-TLW-TER.
...Davenport v. Cotton Hope Plantation Horizontal Prop. Regime, 333 S.C. 71, 508 S.E.2d 565, 569 (1998) (citing Senn v. Sun Printing Co., 295 S.C. 169, 367 S.E.2d 456 (Ct.App.1988)). In addition, the "trial court may declare the plaintiff assumed the risk as a matter of law where it clearly ap......
-
Cole v. Raut, No. 3995.
...voluntarily exposing himself to such an obvious danger with appreciation thereof which resulted in the injury. Senn v. Sun Printing Co., 295 S.C. 169, 173, 367 S.E.2d 456, 458 In the present case, Cole signed a consent form acknowledging the risks associated with the VBAC procedure. The con......