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Torts Keyed to Miller
Poyner v. Loftus
Citation:
694 A.2d 69 (D.C. 1997)Facts
William Poyner (Plaintiff) was traveling to a dry cleaning business that was owned by Loftus (Defendant). Poyner, who suffered from glaucoma, was unable to see more than six to eight feet in front of him. The entrance to the cleaners was adjacent to an inclined platform. The plaintiff had apparently walked by the area on multiple occasions, and during these previous occasions, there were apparently some bushes along the edge of the platform, which provided a natural barrier, which would prevent the plaintiff from falling. On the date of the accident, he was walking along the elevated area and thought he heard someone call his name. The plaintiff turned his head to the right but continued to walk forward to the location at the end of the platform where he thought a bush would be. However, because there was no bush, the plaintiff fell, suffering personal injuries. He sued the defendants for negligence.
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