Whelan v. Van Natta
Kentucky Court of Appeals
382 S.W.2d 205 (Ky. App. 1964)
Relevant factsFree
After buying cigarettes, a customer asked a grocery-store cashier (defendant) for extra boxes, and the cashier directed him to the store's backroom; the customer entered the dark backroom and fell down an unseen staircase. He sued for negligence as an invitee, but the trial court found he was only a licensee at the time of injury, and he appealed.
IssueFree
Whether a store customer remains an invitee when he enters the store's nonpublic backroom on a personal errand unrelated to shopping.