Demag v. Better Power Equipment, Inc.
Vermont Supreme Court
102 A.3d 1101, 2014 VT 78 (2014)
- Written by Robert Cane, JD
Facts
Rodney Demag (plaintiff) worked for a car dealership. As part of the dealership’s service, Demag would drive to a customer’s location to pick up the customer’s car for service. Demag would leave his vehicle at the customer’s location for the day, take the customer’s car to the dealer, and return the customer’s car at the end of the day. Demag performed this pickup service several times per year for the general manger of Better Power Equipment, Incorporated (defendant). In January 2009, Demag drove to Better Power Equipment to perform this pickup service. Demag parked in his usual spot in the parking lot next to the general manager’s vehicle. Demag spoke to the general manager about the general manager’s vehicle and then returned to Demag’s own vehicle. When Demag took a step from his vehicle, he fell into an uncovered storm drain. Demag was injured because of the fall. Demag sued Better Power Equipment to recover damages. The trial court found that Demag was a licensee of Better Power Equipment, so Better Power Equipment owed Demag a lesser standard of care than if Demag were an invitee. The trial court granted summary judgment in favor of Better Power Equipment. Demag appealed.
Rule of Law
Issue
Holding and Reasoning (Dooley, J.)
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