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Torts Keyed to Christie
Cochran v. Burger King Corporation
Citation:
937 S.W.2d 358 (1996)Facts
Chad Cochran (Plaintiff), while drunk at a friend’s house one night, walked across a closed Burger King (Defendant) parking lot multiple times to get food at a Hardee’s. During his second trip to the Hardee’s, the Plaintiff decided to check the Defendant’s dumpster for food. The dumpster was surrounded by three brick walls and a wooden gate. One of the brick walls had been damaged by a trash truck a month before, which the manager and employees knew about. The Plaintiff tried to climb this damaged wall and was severely injured when it fell on him. The Plaintiff sued the Defendant for negligence, arguing that the Defendant had breached its duty to the Plaintiff as a gratuitous licensee to keep its premise in a reasonably safe condition. At the close of evidence, the Defendant filed a motion for a directed verdict, arguing that the Plaintiff was a trespasser.
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22m 44s
