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Torts Keyed to Goldberg
Leffler v. Sharp
Facts
Walter Leffler, Plaintiff, and some coworkers went out to gamble and drink. By the end of the night, Plaintiff and his coworkers went to the Quarter Inn. Quarter Inn is a restaurant and bar that Kim Free owned and operated. Quarter Inn was located on the second floor of a building owned by Sharp Enterprises, which was owned by Harry Sharp.At a certain moment, while at Quarter Inn, Plaintiff left to get away from the noise and heat. When Plaintiff was outside, he spied through an open window nearly three feet above the floor. Specifically, the window was 24 inches long and 32 inches wide. Through the window, the Plaintiff was able to see a couple of people on the adjacent rooftop. Also, there was a nearby glass door, which led to the rooftop, that was locked and stenciled “NOT AN EXIT.” Plaintiff went through the window and to the rooftop. When he was walking on the rooftop, Plaintiff fell through the roof, causing him serious injuries. This particular area was previously a terrace, but was closed off because it was not safe. Plaintiff sued Free, individually and d/b/a Quarter Inn, and Sharp in a Mississippi state court. Free and Sharp both filed motions for summary judgment on the ground that Plaintiff was a trespasser when he was on the rooftop. Plaintiff contended that, under these circumstances, he was an invitee or a licensee. The trial court granted summary judgment to Sharp and Free, and Plaintiff appealed.
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