Thompson v. Reily

• Decision Date: 10 June 1968
• Docket Number: No. 44948,44948
• Citation: 211 So.2d 537
• Parties: Kay THOMPSON, Minor, by her Guardian, Allen B. Thompson v. Jack REILY and Mrs. Linnie Culpepper.
• Court: Mississippi Supreme Court

Page 537

211 So.2d 537

Kay THOMPSON, Minor, by her Guardian, Allen B. Thompson v. Jack REILY and Mrs. Linnie Culpepper.

No. 44948.

Supreme Court of Mississippi.

June 10, 1968.

Dunn & Singley, Meridian, for appellant.

Huff, Williams, Gunn, Eppes & Crenshaw, Meridian, for appellees.

INZER, Justice.

Appellant, Kay Thompson, a minor, suing by and through her guardian, Allen B. Thompson, brought suit in the Circuit Court of Lauderdale County against Jack Reily and Mrs. Linnie Culpepper seeking to recover damages for personal injuries suffered as a result of her hand being caught in an automatic washing machine. The circuit court sustained a motion on behalf of the defendants for a directed verdict and a judgment was entered dismissing the suit.

Appellant assigns as error the action of the trial court in sustaining the motion for a directed verdict.

The declaration charged that Jack Reily owned and operated a self-service laundry in Meridian and that in his place of business he offered for hire electric washing machines which could be used by customers for twenty-five cents. It was charged that each machine had a large drum or cylinder inside which revolved and spun the clothes at high speed until the washing cycle was completed, at which time the machines would automatically cut off and the cylinder would stop. Each machine also had a safety switch located in the framework. When a machine was in operation and the door was opened, this switch would automatically turn the machine off. It was further charged that on July 3, 1962, appellant, Kay Thompson, who was then thirteen years of age, accompanied her grandmother, Mrs. Minnie Collins, to the business establishment owned by Jack Reily and managed by Mrs. Culpepper, to use one of the machines. Mrs. Culpepper selected a machine for their use, and the minor and Mrs. Collins assumed, and had a right to assume, that the machine was reasonably fit for the purpose for which it was hired and was in proper condition for the use for which it was intended. It was also charged that the warranty of the machines being in proper condition was breached and that as a result thereof the minor was seriously and permanently injured.

The declaration charged as fact that Mrs. Collins placed her clothes in the machine and deposited a quarter, and that the machine began its operation; that upon completion of the cycle the machine stopped its operation, and Mrs. Collins, assisted by her granddaughter, went to the machine and began to remove the clothing; that while the minor was removing a sheet the drum or cylinder inside the machine, without warning, began to spin at a high rate of speed, wrapping the sheet around her arm in such a manner that she was unable to remove it; that although Mrs. Collins tried to remove the sheet, she could not, and it was only when Mrs. Culpepper pulled the plug from the socket, shutting off the electricity to the machine, that it stopped; and that as a result of a defect in the machine which was unknown to the minor or her grandmother, the minor was injured. It was also charged that the defendants knew or should have known of such defective condition at the time the machine was selected for use by Mrs. Collins; that appellees had full charge and control of the machine; that neither Mrs. Collins nor the minor had any control over the care or inspection of the machine and its parts; and that the injuries to the minor would not have resulted if appellees had complied with their warranty that the machine was fit for the use intended. The testimony offered on behalf of appellant substantiates the allegations recited in the declaration.

Appellees admitted in their answer that the machines operated in substantially the manner described in the declaration, but it was denied that the machines were potentially dangerous. It was admitted that an operating machine could be stopped at any time by opening its door and that a customer could interrupt the cycles of a machine at any time by opening the door, that the customer had complete control of the machine in this respect. It was admitted that the minor accompanied Mrs. Collins to the place of business on the day and at the time in question and that Mrs. Collins was a customer, but it was charged that Kay Thompson was only a licensee on said occasion. It was denied that the machine used by Mrs. Collis was selected for her by Mrs. Culpepper and also that the machine she used was not fit and proper for its intended use. It was denied that there was any warranty, express or implied, between the appellees and Kay Thompson. It was also denied that the accident happened as charged in the declaration, and charged rather that Kay Thompson opened the door and put her hand in the machine at a time when the cylinder or drum was still turning, and that she knew, or should have known, that when the door of the machine was opened, it was normal for a delay to occur before the drum stopped its operation. It was specifically denied that any warranty existed between the defendants and Kay Thompson, and it was charged that she acted as a volunteer or under the control and direction of her grandmother. It was alleged that when Mrs. Collins deposited a quarter in the machine, it was in her sole possession and control. It was admitted that the minor was injured, but it was denied that the injuries resulted from any act, omission, or breach of warranty or duty on the part of the defendants. The defendants also set up five affirmative defenses, including the defense that Kay Thompson was not a party to any transaction between Mrs. Collins and the defendant Jack Reily. Appellant answered the affirmative defenses and denied the factual allegations...