Manor Country Club, Inc. v. Richardson

Marbury, J., delivered the opinion of the Court. On December 8, 1967, Mrs. Ellen Margaret Richardson, appellee, filed suit against Manor Country Club, Inc. (Club), the appellant, for damages sustained as the result of a fall while a business invitee on the Club’s premises. At the conclusion of the plaintiff’s case, the Club moved for a directed verdict on the grounds that the appellee had failed to prove primary negligence, that she was contributorily negligent as a matter of law and that her injury was caused by her sole negligence. That motion and the Club’s motion for a directed verdict at the end of all the evidence were denied by the lower court.

After the jury returned a verdict for Mrs. Richardson, the appellant made motions for judgment n.o.v. or in the alternative for a new trial. Both motions were denied and judgment was entered for Mrs. Richardson. Manor has appealed to this Court, and argues that (1) there was no evidence of primary negligence on its part, and (2) Mrs. Richardson was guilty of contributory negligence as a matter of law. On Mother’s Day, May 9, 1965, Robert Grissett invited his mother-in-law, Mrs. Richardson, to have dinner with him and his family at Manor Country Club.

Upon their arrival at 5 :00 ³²¹ p.m., the “maitre d’ ” advised them that their table was not yet ready and directed them to a lounge area where they waited for a few minutes before being escorted to their table. Because of the large number of persons expected for dinner on this occasion, the Club had utilized additional space beyond the regular dining room in an area normally used as a cocktail lounge. The table reserved by Mr. Grissett was located in that area and was placed about two and a half feet in front of the hearth of a large stone fireplace. The height of the hearth from the floor was eight inches and its length was nine feet eight inches.

It extended two and a half to three feet from the fireplace. Their table, which was covered with a white tablecloth, was arranged for six places with six chairs, three on either side of the table. As Mrs. Richardson and her party approached the table, they walked alongside this fireplace which extended from floor to ceiling. The appellee was to be seated in the center chair, with her back to the fireplace and hearth.

As she proceeded to her seat she hit her toe on the hearth and fell to the floor, fracturing her wrist on the edge of the hearth. Mrs. Richardson testified that she had never been to the cocktail area before, that she did not know the stone wall was a fireplace and that she did not know that there was a hearth at the end of the “wall.” When asked if she was looking at the floor when she approached the table, the appellee answered that she could not remember where she was looking. She also described the lighting as “dining light.” The appellant’s sole witness was John Waltman, who was employed as the “maitre d’ ” for the Club at the time of the occurrence and as such he had arranged the dining facilities that day. He described the fireplace as having a light color, either brown or tan and stated that the hearth which was gray in color extended two and a half to three feet from the fireplace.

He testified that after the table had been set up in the cocktail lounge, he walked between it and the fireplace to make sure that there was enough space for the waiters to get through. He admitted that the table might have extended a little past the edge of the hearth in the direction from which the party approached. The floor of the room he described as oak tile. Mr. Waltman stated