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Torts Keyed to Prosser
Whelan v. Van Natta
Facts
The Plaintiff entered Defendant’s grocery store and purchased some cigarettes. Plaintiff then asked Defendant if he could have a box for his son. Defendant, busy at the counter, told Plaintiff to go into the backroom to retrieve a box for himself. Plaintiff went into the backroom, which was unlit at the time. While searching for a box, Plaintiff fell into an unseen stair well and was injured. The trial court gave judgment for the Defendant and Plaintiff appeals.
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