Von Dollen v. Stulgies

Plaintiff, after taking two or three steps inside a house under construction, was injured by stacked wallboard which fell on her foot. She sues the general contractor and the supplier of the wallboard. At the close of the plaintiff’s evidence, the trial court directed a verdict for the defendants, and the plaintiff appeals.

The principal question involved in this case is whether, under the circumstances, the defendants, or either of them, owed any duty to the plaintiff to keep the premises safe. This, in turn, involves a determination of whether the plaintiff was an invitee or a mere licensee…