{ "id": 8608825, "name": "BEULAH HATCHER BEMONT v. WILLIAM L. ISENHOUR, JR. and MARJORIE D. ISENHOUR, t/a BLYTHE and ISENHOUR", "name_abbreviation": "Bemont v. Isenhour", "decision_date": "1958-10-29", "docket_number": "", "first_page": "106", "last_page": "109", "citations": [ { "type": "official", "cite": "249 N.C. 106" } ], "court": { "name_abbreviation": "N.C.", "id": 9292, "name": "Supreme Court of North Carolina" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "90 S.E. 2d 532", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "242 N.C. 263", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8613120 ], "opinion_index": 0, "case_paths": [ "/nc/242/0263-01" ] }, { "cite": "191 S.E. 358", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "211 N.C. 632", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8628393 ], "opinion_index": 0, "case_paths": [ "/nc/211/0632-01" ] }, { "cite": "200 S.E. 424", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "214 N.C. 644", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8632444 ], "opinion_index": 0, "case_paths": [ "/nc/214/0644-01" ] }, { "cite": "66 S.E. 2d 652", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "234 N.C. 158", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8619553 ], "opinion_index": 0, "case_paths": [ "/nc/234/0158-01" ] }, { "cite": "96 S.E. 2d 697", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "245 N.C. 580", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8615052 ], "opinion_index": 0, "case_paths": [ "/nc/245/0580-01" ] }, { "cite": "247 N.C. 195", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8626036 ], "opinion_index": 0, "case_paths": [ "/nc/247/0195-01" ] }, { "cite": "23 A.L.R. 1009", "category": "reporters:specialty", "reporter": "A.L.R.", "opinion_index": 0 }, { "cite": "136 S.E. 125", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "192 N.C. 791", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8626994 ], "opinion_index": 0, "case_paths": [ "/nc/192/0791-01" ] }, { "cite": "9 S.E. 2d 408", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "217 N.C. 730", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8617005 ], "opinion_index": 0, "case_paths": [ "/nc/217/0730-01" ] }, { "cite": "46 S.E. 2d 854", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "228 N.C. 727", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8628221 ], "opinion_index": 0, "case_paths": [ "/nc/228/0727-01" ] }, { "cite": "72 S.E. 2d 33", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "236 N.C. 83", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8622402 ], "opinion_index": 0, "case_paths": [ "/nc/236/0083-01" ] }, { "cite": "248 N.C. 631", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8625450 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/nc/248/0631-01" ] }, { "cite": "101 S.E. 611", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "179 N.C. 142", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8655265 ], "opinion_index": 0, "case_paths": [ "/nc/179/0142-01" ] }, { "cite": "135 S.E. 535", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "192 N.C. 599", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8625428 ], "opinion_index": 0, "case_paths": [ "/nc/192/0599-01" ] } ], "analysis": { "cardinality": 556, "char_count": 9515, "ocr_confidence": 0.515, "pagerank": { "raw": 1.6048189310868497e-07, "percentile": 0.6844696351022782 }, "sha256": "948a385a56f7c42ea025734baf10f7327c45d3662fb73428e61ab2a7918d847d", "simhash": "1:544464a040b8517e", "word_count": 1620 }, "last_updated": "2023-07-14T22:25:15.863799+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "PARKER, J., not sitting." ], "parties": [ "BEULAH HATCHER BEMONT v. WILLIAM L. ISENHOUR, JR. and MARJORIE D. ISENHOUR, t/a BLYTHE and ISENHOUR." ], "opinions": [ { "text": "RodmaN, J.\nDefendants challenge plaintiff\u2019s right to recover by motions to nonsuit and by request for a directed verdict on the issues of negligence and contributory negligence. The questions raised by the motions and by the request to charge are the same. They are: (1) Was plaintiff a mere licensee to whom the only duty owing was not to willfuly or wantonly inflict injuries, or did defendants owe her the duty of exercising reasonable and ordinary care; (2) Does the evidence suffice to show lack of ordinary and reasonable care on the part of defendants; and (3) Does the evidence necessarily lead to the conclusion that plaintiff failed to exercise reasonable care for her own safety?\nPlaintiff\u2019s employer owed her the duty of exercising ordinary care to provide a reasonably safe place to work and reasonably safe ingress and egress therefrom. Bennett v. Powers, 192 N.C. 599, 135 S.E. 535; Elliott v. Furnace Co., 179 N.C. 142, 101 S.E. 611. Recognizing this obligation to its employees, the hospital arranged with the building contractors for periodic designation of ways that persons entering the hospital might use with safety. By agreement with defendants the door to be so used was indicated by a notice posted on the hospital bulletin board. The door plaintiff entered was so designated and had been so used for two or three weeks prior to her injury.\nTo hold that defendant owed no more duty to plaintiff than a property owner owes to a bare licensee would do violence to defendants\u2019 implied agreement not to render the designated way hazardous and would impose liability on the owner for failure to perform its duty to its employees. Plaintiff entered the doorway because of her duty to her employer, tier position with respect to defendants was at least that of an invitee. Sledge v. Wagoner, 248 N.C. 631; Lee v. Green & Co., 236 N.C. 83, 72 S.E. 2d 33; Hahn v. Perkins, 228 N.C. 727, 46 S.E. 2d 854; Pafford v. Construction Co., 217 N.C. 730, 9 S.E. 2d 408; Brigman v. Construction Co., 192 N.C. 791, 136 S.E. 125; Annotations, 23 A.L.R. 1009. Defendants owed plaintiff and other employees of the hospital a duty to exercise the care of a reasonably prudent person not to render the entrance and passageway dangerous to those properly using it. Harris v. Department Stores Co., 247 N.C. 195; Sledge v. Wagoner, supra: Copeland v. Phthisic, 245 N.C. 580, 96 S.E. 2d 697; Revis v. Orr, 234 N.C. 158, 66 S.E. 2d 652.\nThe evidence from which it might be found that defendants breached their duty is, we think, ample to require submission to a jury. The accident occurred at 8:30 a.m. on 5 February. It was raining. The grounds and walkways, except where paved, were muddy. A door frame had been set as an entrance to the new wing. It would provide entrance along the so.me passageway as the old door. The new door was six feet wide and seven feet high. It had been partially bricked in prior to plaintiff\u2019s injury. To finish bricking and extending the wall of the wing, the bricklayers would need a scaffold. Late in the afternoon of 4 February the contractor erected a scaffold which was entirely outside of the doorway. This scaffold was braced by two pieces of two by eight in the form of an X. The upper portion of one of these pieces of wood projected into the doorway some eight or ten inches, as testified by defendants\u2019 superintendent of construction, or as much as 18 inches, according to other witnesses. There was a concrete walk from the grounds leading to this doorway. The concrete was two feet wide and adj acent to the side of the door nearest the scaffold. The proj eoting portion of the brace was over a portion of this concrete walkway. At or near the door the concrete walkway had been broken during the construction. Boards had been placed over these broken areas.\nPlaintiff was driven by automobile to the concrete walkway. She alighted some seven or eight steps from the doorway and on the concrete walkway. She had no hat. She hurried to enter the building to avoid getting wet. She was picking her way over the broken portions of the concrete and along the boards when her head struck the projecting portion of the brace. That the projecting board was of such character and so placed as not to be readily discernible was shown by others who entered the same doorway just ahead of plaintiff. Defendants had not given any sign of warning that they had occupied a portion of the doorway which had been designated with their consent and approval for use by hospital employees. Whether the conduct of defendants sufficed to meet the test of the reasonably prudent person was a question for the jury.\nWas plaintiff, as a matter of law, contributorily negligent?\nThe rule defining the duty of a pedestrian to exercise care for his safety is stated in Watkins v. Raleigh, 214 N.C. 644, 200 S.E. 424. Ifc is there said: \u201cA person traveling on a street is required in the exercise of due care to use his faculties to discover and avoid dangerous defects and obstructions, the care required being commensurate with the danger or appearance thereof. (Citations) He is guilty of contributory negligence if by reason of his failure to exercise such care he fails to discover and avoid a defect which is visible and obvious.\u201d The care exercised or which should be exercised by a reasonably prudent man is standard while the degree of care which such person exercises varies with the exigencies of the occasion. Diamond v. Service Stores, 211 N.C. 632, 191 S.E. 358. Dennis v. Albemarle, 242 N.C. 263, 90 S.E. 2d 532, illustrates an application of the rule where the injured person's attention was distracted. Here plaintiff had no reason to suspect a violation of the implied promise given her to keep the way safe for passage. The defect cannot be said to have been readily visible and obvious \u2014 a fact demonstrated by evidence that several others had entered just ahead of plaintiff without observing this projecting board. It was at a point where reasonably it could be anticipated attention would be given to the conditions under foot because of the broken pavement covered by loose boards. She had to pick and choose her way. The heavy rain caused her to move in a hurry. The question of plaintiff\u2019s negligence was properly 'submitted to the jury.\nWe have examined the other exceptions but find nothing of which defendants can properly complain.\nAffirmed.\nPARKER, J., not sitting.", "type": "majority", "author": "RodmaN, J." } ], "attorneys": [ "Harkey & Faggart for plaintiff, appellee.", "John H. Small for defendants, appellants." ], "corrections": "", "head_matter": "BEULAH HATCHER BEMONT v. WILLIAM L. ISENHOUR, JR. and MARJORIE D. ISENHOUR, t/a BLYTHE and ISENHOUR.\n(Filed 29 October, 1958.)\n1. Master and Servant \u00a7 14\u2014\nAn employer owes tbe duty to an employee to exercise ordinary care to provide a reasonably safe place to work and reasonably safe ingress and egress.\n2. Negligence \u00a7 4f\u2014\nAn employee, in using the means provided by the employer and the employer's contractor for ingress to the place of work, is not a licensee tout an invitee, and the contractor engaged in enlarging the building- under contract with the employer owes the duty to exercise the care of a reasonably prudent person not to render tbe entrance dangerous to those properly using it.\n3. Same\u2014 Evidence held sufficient to be submitted to jury on issue of\nnegligence in failing to provide invitee safe place to walk and not to show contributory negligence as matter of law-.\nEvidence tending -to show that the employer, while its building was being enlarged, designated the entrance to be used by employees, 'that \u25a0tbe contractor, in performing the work, had \u00a1broken the concrete walkway ito that entrance and placed boards over tbe broken areas, that the ,end of a \u00a1brace of the scaffolding protruded some 8 to 18 inches into the doorway, and that plaintiff employee, \u00a1hurrying in the rain and picking her way over the portions of the broken concrete \u00a1along the \u00a1boards, hit hex-head on the projecting poi-tion of the brace, with further evidence 'that several others \u00a1had entered just ahead of plaintiff without observing the projecting brace, is held sufficient to be submitted to tbe jury on -the issue of 'the contractor's negligence and n-ot to disclose contributory negligence as a matter of law on the part of the employee.\n4. Negligence \u00a7 11\u2014\nA pedestrian is l-equired to exercise the care of a reasonably prudent man to avoid being injured, the rule being constant while the deg-ree of care varies with the exigencies of the occasion. Whether \u00a1the pedestrian\u2019s attention was distracted is a factor in determining the question.\nParker, J., not sitting.\nAppeal by defendants from Pless, J., March 10, 1958 Regular Term O\u00cd MECKLENBURG.\nPlaintiff, an employee of Rehabilitation & Spastics Hospital Center at Charlotte, was injured as she entered the hospital on her way to work. Her head struck a board extending into a doorway used by employees on their way to work. This board was placed by defendants as a pant of a scaffold for use by brickmasons in work they had contracted for the extension and enlargement of the hospital. The work was done by defendants as independent contractors. The hospital was to function while the contractors were at work.\nPlaintiff alleged her injuries were proximately caused by the negligence of defendants. Defendants denied negligence causing injury and pleaded the affirmative defense of contributory negligence. Appropriate issues were submitted to the jury and answered in favor of plaintiff. From a judgment in conformity with the verdict defendants appealed.\nHarkey & Faggart for plaintiff, appellee.\nJohn H. Small for defendants, appellants." }, "file_name": "0106-01", "first_page_order": 148, "last_page_order": 151 }