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Torts Keyed to Goldberg
Demag v. Better Power Equipment, Inc.
Citation:
102 A.3d 1101, 2014 VT 78 (2014)Facts
Rodney Demag worked for a car dealership that provided automobile service. As a convenience for customers, he would pick up vehicles, leaving his own vehicle and returning the customer’s vehicle at the end of the day. For approximately ten years, Demag had provided this service to Better Power Equipment’s general manager and his wife, picking up their cars from BPE’s parking lot about five to six times a year. In January 2009, Demag drove to BPE for scheduled service, parking in his usual spot next to the general manager’s vehicle. After speaking briefly with the general manager about the service needed, Demag returned to his own vehicle, retrieved some items, took a step, and fell into an uncovered storm drain that had been obscured by recent snowfall. BPE was responsible for maintaining the premises under its lease. The storm drain cover had never come off before, but the general manager had noticed that it rocked in place when driven over and showed some deterioration.
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