Klopp v. Wackenhut Corp.

824 P.2d 293 (1992)

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Klopp v. Wackenhut Corp.

New Mexico Supreme Court
824 P.2d 293 (1992)

EL

Facts

While passing through airport security, Nancy Klopp (plaintiff) set off the security-station alarm. Klopp removed her jewelry, then passed back through security. After going through the metal detector, Klopp turned and then started to retrieve her bracelet from the adjacent baggage table. Preoccupied with gathering her belongings, Klopp tripped over the protruding base of the metal detector’s leg, injuring her leg and knee. The stanchion base of the metal detector, despite being obvious, encroached onto the direct path between the metal detector and airport travelers’ belongings. Klopp sued Wackenhut Corp., the company that secured the contract to operate the security station, and Trans World Airlines (TWA) (defendants). TWA owned the airport security-line equipment and arranged its configuration at the airport. Wackenhut Corp. and TWA each filed motions for a directed verdict, alleging the protruding stanchion base of the metal detector presented an open and obvious danger for which there was no duty of care. The lower court granted a directed verdict in favor of TWA. The court of appeals affirmed the directed verdict. Klopp appealed to the state supreme court, arguing that Wackenhut Corp. and TWA owed a duty of care toward customers that would require a different configuration of the security equipment so that a distracted customer could not easily trip over the base of the metal detector.

Rule of Law

Issue

Holding and Reasoning (Ransom, C.J.)

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